Numerous Employment Law Developments to Be Aware Of

As the first half of the year draws to a close, we take this opportunity to provide a summary of recent developments. If you have any questions about these or other developments, please don’t hesitate to contact a member of our organization for advice.

REMINDER: EXPANDED PROTECTIONS FOR PREGNANT AND NURSING EMPLOYEES

On June 27, 2023, the Pregnant Workers Fairness Act (“PWFA”) will go into effect.

BOOTING UP COMPUTER NOT COMPENSABLE UNDER THE FLSA

At least one federal court has concluded that booting up and shutting down a computer is not compensable.

NLRB SAYS THAT NON-COMPETE AGREEMENTS SHOULD BE DEEMED UNLAWFUL

Continuing a very aggressive employee- and union-friendly agenda, the NLRB General Counsel issued a memo setting forth her view on non-compete agreements.

OFCCP HAS UPDATED MANDATORY DISABILITY SELF-IDENTIFICATION FORM

Federal government contractors and subcontractors are required to invite applicants (pre and post offer) and employees (including every five years) to self-identify as an individual with a disability.

DOL ISSUES OPINION LETTER RELATING TO HOLIDAYS FOR EMPLOYEES ON FMLA

The Department of Labor (DOL) has recently issued an opinion letter providing clarification on how to calculate an employee’s leave entitlement under the FMLA when leave is taken during a week that includes a holiday.

COVID-RELATED I-9 FLEXIBILITIES SLATED TO END ON JULY 31, 2023

On July 31, 2023, DHS will end these COVID-related flexibilities, and require employers to inspect employee identification and employment authorization documents in-person.

COURT FINDS EMPLOYEE’S TERMINATION FOR VIOLATION OF EMPLOYER’S ATTENDANCE POLICY CONSTITUTES MISCONDUCT FOR PURPOSES OF RECEIVING UNEMPLOYMENT BENEFITS

Circuit Court affirms holding from Beres that an employee who is terminated for violating his employer’s attendance policy is terminated for “misconduct” for purposes of Wisconsin’s unemployment compensation statute.

EEOC ISSUES UPDATE RELATING TO ARTIFICIAL INTELLIGENCE

On May 18, 2023, the EEOC issued guidance clarifying the potential risks employers may face if the artificial intelligence tool being used results in an adverse discriminatory impact.

NEW MISCONDUCT STANDARD SET BY NLRB GIVES EMPLOYEES SIGNIFICANT LEEWAY IN TONE OF COMMUNICATIONS WITH MANAGEMENT

On May 1, 2023, the National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity.