Showing 4 posts from August 2023.

DOL Proposes Increases in Exempt Employee Salary and Annual Compensation Requirements

August 30, 2023 by Alexander M. Baggio

On August 30, 2023, the U.S. Department of Labor (DOL) announced a Notice of Proposed Rulemaking to update and revise the salary requirements under the Fair Labor Standards Act (FLSA) for exemptions from minimum wage and overtime pay requirements for employees subject to the executive, administrative, or professional exemptions, otherwise known as the "white collar" exemptions. This change would also affect computer employees classified as exempt and who receive a salary. More ›

NLRB Reverses 50-Year Precedent and Lessens Standard for a Bargaining Order Without a Secret Ballot Election

August 28, 2023 by Tom H. Luetkemeyer

The National Labor Relations Board (NLRB) reversed over fifty years of established precedent on August 25, 2023, when it decided to overrule its 1971 decision in Linden Lumber and reinstate a modified version of its 1949 Joy Silk doctrine. The practical impact of the NLRB's decision in Cemex Construction Materials Pacific, LLC is that recourse to a private ballot election to test a union's claim of majority support may decline. This decision also likely will limit the right of employees to a private ballot election free of coercion as they decide whether to support a union as their exclusive bargaining representative. More ›

EEOC Announces Proposed Regulations to Enforce the Pregnancy Workers Fairness Act

August 15, 2023 by Amanda Tzivas

On August 11, 2023, the Equal Employment Opportunity Commission (EEOC) published a notice of proposed rulemaking (NPRM) to issue regulations that would support the implementation and enforcement of the Pregnant Workers Fairness Act (PWFA).[1] Enacted in 2022, the PWFA requires covered entities (i.e., private and public sector employees with at least fifteen employees, Congress, federal agencies, employment agencies, and labor organizations)[2] to provide reasonable accommodations to qualified employees or applicants with known limitations relating to pregnancy, childbirth, or related medical conditions, unless the accommodation would impose an undue hardship on the covered entities' business operations. The PFWA became effective on June 27, 2023. More ›

New York City Prohibits Discrimination Based on Height or Weight

August 14, 2023 by Jason S. Greenfield

Earlier this year, Mayor Eric Adams signed a bill amending the New York City Human Rights Law, prohibiting discrimination on the basis of an individual's height or weight. Set to go into effect on November 22, 2023, the bill does permit an employer to consider height or weight under the following limited situations: More ›

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