Tuesday, March 2, 2021
2021 is in full swing and the Biden administration already is making waves in the world of labor law, including by terminating the sitting general counsel of the National Labor Relation Board within hours of the President’s inauguration. Once Biden has appointed additional members to the NLRB – likely later this year – employers can expect significant changes that may impact how they run their businesses. Let’s take a look at three of the big changes we may see that will impact both union and non-union companies alike.
NLRB Scrutiny of Personnel Policies
Under the Obama Board, the NLRB stuck down numerous everyday personnel policies – including those of non-union employers – on grounds those polices ran afoul of the National Labor Relations Act (NLRA). Social media policies, confidentiality policies, workplace civility policies, and other common policies were invalidated in various decisions between 2009 and 2016. The NLRB did so
The Biden Administration’s Recent Executive Orders that Impact Workers Monday, March 1, 2021
Beginning on Inauguration Day, the Biden Administration has demonstrated that strengthening protections for workers is a clear priority. Recent measures seek to improve health and safety protections for workers during the COVID-19 pandemic. The Administration has also recognized the importance of addressing racial and gender inequities in the workplace. Signed on Inauguration Day or shortly thereafter, these recent Executive Orders (EOs) are likely just the beginning of the Administration’s expansion of worker protections.
Worker Health and Safety Protections
EO 13999, “Protecting Worker Health and Safety” orders the Secretary of Labor to take immediate action to reduce workers’ risk of contracting COVID-19 in the workplace. One section orders the Secretary to review enforcement efforts of the Occupational Safety and Health Administration (OSHA) to improve the agency
Wednesday, February 24, 2021
The Puerto Rico Women’s Advocate Office has published Guidelines for the Establishment of Nursing Rooms with the purpose of ensuring uniformity and setting forth all aspects employers should consider when establishing a nursing room in the workplace.
The Guidelines went into effect on February 11, 2021.
Right to Nurse
Under Puerto Rico’s Nursing Leave Law, nursing mothers who work at least 7.5 hours a day are entitled to 1 hour of paid leave each working day to nurse or pump breastmilk. This hour can be divided into 2 periods of 30 minutes or 3 periods of 20 minutes. Nursing mothers who work between 4 and 7.5 hours are entitled to a 30-minute paid period after 4 consecutive hours of work to nurse or pump milk.
Wednesday, February 24, 2021
Employers particularly those in Illinois, Indiana and Wisconsin should revisit their military leave policies in light of the Seventh Circuit’s holding in
White v. United Airlines Inc., No. 19-2546 (Feb. 3, 2021), that failure to provide paid military leave, while simultaneously offering paid time off for other absences such as for jury duty or sick leave, might violate the Uniformed Services Employee and Reemployment Rights Act (USERRA). Judge Diane Wood wrote the opinion, which addressed this issue of first impression; she was joined by Judges Michael Brennan and Michael Scudder. On February 17, 2021, United Airlines filed a petition for rehearing en banc on the ground that the panel’s ruling was a “sudden and dramatic change in USERRA’s interpretation” since “virtually nobody thought the statute imposed a paid military leave requirement in any circumstances.”
Time Is Money: A Quick Wage-Hour Tip on … Complying With The Salary Basis Requirement For Exempt Employees Monday, February 22, 2021
A sometimes-overlooked requirement for classifying an employee as exempt from overtime is that, with limited exceptions, the employee must be paid on a “salary basis.” [1] Indeed, when employers fail to pay their exempt employees on a salary basis, they may be subject to lawsuits alleging exempt misclassification. As such, properly paying employees on a salary basis is critical to classifying employees as exempt.
The General Rule
Among other requirements, in order for an employer to classify an employee as exempt from overtime, the employee generally must be paid on a “salary basis.”