Workforce Bulletin

On October 26, 2023, the National Labor Relations Board (NLRB or “Board”) issued its Final Rule (the “Rule”) on Joint-Employer status under the National Labor Relations Act (NLRA). Slated to take effect on December 26, 2023, the Rule returns to and expands on the Obama era Browning-Ferris test, scrapping the NLRB’s 2020 Joint Employer test and setting up a potential showdown with the Supreme Court over the “major questions” doctrine and the scope of the NLRB’s administrative authority.

The Final Rule Summarized

 Under the new Rule, any entity that shares or ...

On October 30, 2023, President Joe Biden signed his Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI EO), which addresses artificial intelligence issues, including safety, security, privacy, civil rights, immigration, and health care.  The White House also released a companion Fact Sheet summarizing the AI EO (the “Fact Sheet”).  Later in the week, on November 1, 2023, the White House announced that the Office of Management and Budget will release for comment a new draft policy on Advancing Governance, Innovation, and ...

Important changes are coming to the Massachusetts Paid Family and Medical Leave law (PFML),  which requires covered employers to provide eligible employees with paid time off for certain qualifying absences. First, the Massachusetts legislature recently adopted PFML amendments (HB 4053), which, effective November 1, 2023, permit employees to supplement their weekly PFML benefits with accrued paid leave, including vacation, sick time, and other paid time off (PTO). Second, the Massachusetts Department of Paid Family and Medical Leave (DFML) has released the new contribution ...

As featured in #WorkforceWednesday: In this special live episode of our Spilling Secrets podcast series, Epstein Becker Green attorneys Peter A. Steinmeyer and Erik W. Weibust sat down with guests Gina Sarracino, Chief Counsel of Employment and Labor at Thomson Reuters, and Evan Michael, Executive Vice President and General Counsel at NFP, to discuss the hectic state of non-competes in 2023.

As featured in #WorkforceWednesday:  This week, we’re providing an overview of (i) the year-over-year increase in Equal Employment Opportunity Commission (EEOC) lawsuits, (ii) New York’s employee intellectual property (IP) law, and (iii) the collaborative agreement between the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL).

EEOC Lawsuits Increase

For fiscal year 2023, the EEOC reported a 50 percent increase in lawsuits filed by the agency compared to the previous year. The end of the fiscal year typically brings a spike in EEOC-filed lawsuits ...

As featured in #WorkforceWednesday: This week, we’re focusing on three recent Securities and Exchange Commission (SEC) charges against employers for violating whistleblower protection laws and how all employers should take extra steps to ensure compliance in their separation agreements:

Recent charges issued by the SEC represent a dramatic change in the enforcement of whistleblower protections. Epstein Becker Green attorney Greg Keating explains how this can impact all employers, both public and private, and should encourage them to take a closer look at their ...

On October 7, 2023, California Governor Gavin Newsom vetoed Senate Bill 403 (“SB-403”), legislation that would have been the first state-wide ban on caste discrimination in the United States.  We previously reported on SB-403 here.

Governor Newsom released a veto message calling SB-403 “unnecessary.”  The message further explained his rationale that “discrimination based on caste is already prohibited” under California law, which “already prohibits discrimination based on sex, race, color, religion, ancestry, national origin, disability, gender identity ...

The U.S. Equal Employment Opportunity Commission (EEOC) recently released proposed guidance on workplace harassment prohibited under federal law. The new guidance, posted on September 29, 2023, is available for public review and commentary until November 1, 2023. If finalized, this guidance will supersede five longstanding guidance documents issued from 1987 through 1999. In other words, this is the first proposed EEOC guidance on harassment in the past 25 years.

The Context

An agency press release notes that the EEOC last attempted to update its workplace harassment guidance ...

After more than five years in the making (and nearly a full year of delays), on Thursday, October 5, 2023, the World Wide Web Consortium (the “W3C”), the private organization focused on enhancing online user experiences, published the long-awaited update to its Web Content Accessibility Guidelines 2.1 (“WCAG 2.1”), known as the WCAG 2.2 (https://www.w3.org/TR/WCAG22/#new-features-in-wcag-2-2). 

Those who have been following along with website accessibility’s ever-evolving legal landscape are well aware that, despite not having been formally adopted by ...

As featured in #WorkforceWednesday:  This week, we’re recapping the Equal Employment Opportunity Commission’s (EEOC’s) Strategic Enforcement Plan, California’s expanded sick leave requirement law, and the ongoing worker strikes across the country.

EEOC Releases Strategic Enforcement Plan

On September 21, the EEOC published its Strategic Enforcement Plan for fiscal years 2024 to 2028. In the first enforcement plan issued under the Biden administration, the EEOC sheds light on its current priorities.

California Expands Sick Leave Requirements

California is ...