On August 18, New Jersey Governor Phil Murphy signed into law S315 (22R), which aims to protect employment and wages and benefits during changes in control at health care facilities. When a change in control occurs, the former and “successor” health care employers will now both have new, and very significant, legal obligations.… Continue Reading
Steven W. Suflas
Consumer Financial Protection Bureau Requests Information Regarding Employer-Driven Debt
The Consumer Financial Protection Bureau (CFPB) issued a Request for Information (RFI) regarding employer-driven debt. Specifically, the CFPB is interested in “debt incurred to an employer or an associated entity, taken on in pursuit or in the course of employment.” Comments must be received by Wednesday September 7, 2022.
The CFPB is seeking input from all workers, including independent contractors and others who are not considered “employees” under the Fair Labor Standards Act.… Continue Reading
Colorado’s Newly Enacted Income-Based Non-Compete Law Marks Tightening of Restrictive Covenants
In May 2022, Colorado legislators passed a law that bans employee non-compete clauses for workers making less than six figures annually. Governor Jared Polis (D) signed the bill into law on June 8, 2022, giving it an effective date of August 10, 2022.
In short, HB 22-1317, imposes an income-based minimum on enforceable non-compete agreements between employers and employees. … Continue Reading
U.S. Supreme Court Ruling Denies Arbitration, Ramps Up Litigation
For the second time in two weeks, the U.S. Supreme Court has ruled against a company seeking to compel individual arbitration of Fair Labor Standards Act (FLSA) collective action claims. In Southwest Airlines Co. v. Saxon, the Court held that the plaintiff’s claims were exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA), which exempts from the statute’s ambit “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” … Continue Reading
Unclear, Inconsistently Enforced Policy Supports Employee Discrimination Claim
In the recent decision in Hexcel Corp. v. Lab Commission, the Utah Court of Appeals affirmed a decision by the Utah Labor Commission that Hexcel was liable for discrimination and/or retaliation when it fired an employee because of his disability and related request for accommodation.
Michael Pickard had worked as a maintenance electrician.… Continue Reading
NLRB’s General Counsel Encourages Injunctive Relief for Anti-Union Threats
On February 1, 2022 National Labor Relations Board General Counsel Jennifer Abruzzo announced an initiative to seek injunctions under Section 10(j) of the National Labor Relations Act in cases “where workers have been subject to threats or other coercive conduct during an organizing campaign.” According to her memo, Abruzzo opines that, “because threats or other coercion have a well-recognized inhibitive effect on employees, there is a likelihood of immediate harm to employee organizing efforts.”… Continue Reading
“Ban the Box” Act Takes Effect for Federal Contractors
The federal Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act) officially took effect this week on December 20, 2021. The law was signed two years ago as Section 1123 of the National Defense Authorization Act for Fiscal Year 2020.
Known as the “Ban the Box” Act, it prohibits federal contractors from asking applicants seeking work under federal contracts about their criminal histories until after the contractor extends a conditional job offer.… Continue Reading
Healthcare Workers’ Religious Freedom Exemption Fails to Convince First Circuit to Block Maine Vaccine Mandate
A three-judge panel for the United States Court of Appeals for the First Circuit affirmed the lower court’s order denying plaintiffs’ motion for a preliminary injunction against Maine’s Covid-19 vaccine mandate requiring healthcare workers to be vaccinated. Plaintiffs in the case had argued that exceptions to the mandate must be permitted for religious objections.… Continue Reading
USDOL Publishes Final Rule Regarding Monetary Penalties Against Employers for Tip Violations
On September 23, 2021, the U.S. Department of Labor (DOL) published a final rule announcing when it will assess civil money penalties (CMPs) against employers who retain tips earned by their workers. Under the rule, available here, the DOL may assess a penalty of up to $1,100 per violation each time it finds an employer retained employee tips, regardless of whether the violation is repeated or willful. … Continue Reading
NLRB Makes Settlement More Difficult
On September 15, 2021, the National Labor Relations Board (NLRB)’s General Counsel instructed regional offices to take a more aggressive stance in settlement negotiations in unfair labor practice cases, seeking broader remedies for workers.
In GC Memorandum 21-07, which builds upon GC Memorandum 21-06 issued last week, new NLRB General Counsel Jennifer Abruzzo encouraged regional offices to be creative in the remedies sought in settlement, reasoning that they may be able to obtain more for workers during settlement than in litigation before the Board.… Continue Reading