An Opinion Is an Opinion, But an Opinion with a Threat Is a Threatening Opinion, and Threatening Opinions Are Unlawful Under the National Labor Relations Act
Labor & Employment Insights
by John W. Hargrove and Anne R. Yuengert
6d ago
A National Labor Relations Board administrative law judge in San Francisco recently ruled that Amazon CEO Andy Jassy violated the National Labor Relations Act when he commented on labor unions through several media outlets. As a result of Mr. Jassy’s violations, the judge entered an order requiring Amazon to post a nationwide notice stating that Amazon was in violation of the Act. The Amazon.com Services LLC decision involved the historical distinction between company management stating opinions as related to union activity, which is legal under the Act, and management making threats about suc ..read more
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Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment
Labor & Employment Insights
by Christina M. Seanor and Anne R. Yuengert
1w ago
If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections, the Eleventh Circuit Court of Appeals said it could, vacating and remanding a trial court’s grant of summary judgment on a transgender worker’s Title VII hostile work environment claim.  Since the Supreme Court’s decision in Bostock v. Clayton County, the law is clear that Title VII protects transgender employees from discrimination on the basis of sex. But Copeland ..read more
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No More Adjectives… Just Some Harm: Supreme Rules on Title VII Job Transfer Threshold
Labor & Employment Insights
by Keith S. Anderson and Anne R. Yuengert
2w ago
If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St. Louis, the U.S. Supreme Court held that an employee challenging a job transfer must show only some harm, not significant harm, not material disadvantage, and not any other adjective beyond some harm. The ruling is likely to result in increased Title VII cases for job transfers where the employee believes the new position is disadvantageous.  Background We previously blo ..read more
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Noncompetes Gone! FTC Issues Final Rule Banning Noncompete Clauses Nationwide
Labor & Employment Insights
by J. William Manuel and Anne R. Yuengert
3w ago
On April 23, 2024, the Federal Trade Commission issued a broad Final Rule that effectively bans noncompete clauses nationwide. The FTC states that noncompete clauses are an unfair method of competition and violate Section 5 of the Federal Trade Commission Act. This ban does not cover such clauses already in place for senior executives that earn more than $151,164 annually and who are in policy-making positions. The ban goes into effect 120 days after the publication of the rule in the Federal Register. The rule requires employers who used noncompete agreements to notify the ..read more
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Raising the Threshold: DOL Issues Final Rule on Overtime Exemption Salary Requirements
Labor & Employment Insights
by T. Matthew Miller and Anne R. Yuengert
1M ago
On Tuesday, April 23, the United States Department of Labor issued its anticipated Final Rule on the Fair Labor Standards Act salary requirements for overtime exemption. The Final Rule, which will likely face legal challenges, increases the salary threshold for white-collar overtime exemptions. Effective July 1, 2024, the minimum weekly salary for exempt status will increase to $844 ($43,888 annually) and the highly compensated salary threshold will increase to $132,964 annually. The salary thresholds will increase again on January 1, 2025, with the minimum salary for exempt status upped to $1 ..read more
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It’s the Final Countdown – The Final PWFA Regs Are Here
Labor & Employment Insights
by Cortlin Bond and Anne R. Yuengert
1M ago
It has been a long road to this point, but the final Pregnant Workers Fairness Act (PWFA) regulations are here. We first blogged in early 2023 about the PWFA, which became effective in June 2023, and again last August when the EEOC published the lengthy draft regulations, and we encouraged you to comment. The EEOC received over 98,000 comments. Clearly, it’s been a hot topic. Finally, after six more months of waiting, the EEOC released its final rule — totaling over 400 pages — on Monday. You can download the unpublished version here. So, what now? One more countdown. On April 19, 2024, the EE ..read more
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OSHA Rights: You Have the Right to Retain a Representative
Labor & Employment Insights
by Whitney J. Jackson, DeMario Thornton, Anne Knox Averitt and Anne R. Yuengert
1M ago
The Occupational Safety and Health Administration (OSHA) has published a final rule amending a regulation regarding the right to designate a representative to accompany OSHA inspectors during a workplace inspection. Why do we need this, you ask? In the world of occupational safety and hazards, OSHA administers regulations and has the ability to levy penalties. One way it does these things is worksite inspections. During inspections, OSHA inspectors assess workplace conditions, review safety records, and interview employees to ensure employers are in compliance with regulations. During these in ..read more
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I Haven’t Been Paying an Employee Correctly! Now What?
Labor & Employment Insights
by Anne R. Yuengert, J. William Manuel and T. Matthew Miller
1M ago
It is every employer’s nightmare: You find out that employees (or former employees) are claiming that they were not paid properly and are due overtime for the last two or three years. This primarily arises because you classified the employees as exempt (salaried) under the FLSA and they are challenging that classification, or the employees were simply not getting paid time and a half for every hour worked over 40 in a workweek (or under a different state law standard). You certainly did not intentionally misclassify anyone or deny employees overtime pay. How do you handle the matter? Step One ..read more
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Get Interactive! Searching for ADA Accommodations with Employees
Labor & Employment Insights
by Lauren Green and Anne R. Yuengert
2M ago
The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. To help determine effective accommodations, employers should use an “interactive process,” which simply means that employers and employees with disabilities who request accommodations work together to brainstorm accommodations. While it’s not a per se requirement, the law favors an “interactive process” for determining whether an effective accommodation is available. However, many employers may get “tripped up” on this process by not vetting addit ..read more
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Texas Hold ‘Em: Lone Star State Enacts New Notice Law Regarding Workplace Violence
Labor & Employment Insights
by Whitney J. Jackson, Jennifer M. Trulock and Anne R. Yuengert
2M ago
Workplace violence is an issue that impacts employees and employers alike. While OSHA uses the General Duty Clause to address such issues, some states are enacting their own laws about it. As we reported a few weeks ago, Texas recently enacted a new law to protect healthcare employees from violence in the workplace. The Texas Legislature also implemented Chapter 104A, “Reporting Workplace Violence,” to the Texas Labor Code. The law became effective on September 1, 2023, and applies to all Texas employers. Chapter 104A requires Texas employers of all sizes to post a notice with the contact info ..read more
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