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Author Archives: New England Biz Law Update staff

NLRB general counsel targets moonlighting

Workers in office with open floor plan

The National Labor Relations Board general counsel has issued an advisory taking a strong stance against employer policies that restrict employees from holding outside or secondary employment, i.e., moonlighting. The general counsel believes that such restrictions could violate federal labor ...

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New federal overtime rule imminent: Employers brace for impact

Punch clock

The long-awaited update to the federal overtime rule has been finalized by the Department of Labor (DOL) and was cleared by the White House Office of Information and Regulatory Affairs (OIRA) on April 10. The final rule, which could take ...

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EEOC clarifies abortion coverage under Pregnant Workers Fairness Act

EEOC seal

The Equal Employment Opportunity Commission (EEOC) announced its final rule implementing the Pregnant Workers Fairness Act (PWFA), providing important guidance regarding reasonable accommodations for pregnancy, childbirth, and related medical conditions. The rule, published in the Federal Register on April 19, ...

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AI in HR: Navigating compliance and mitigating risk

Using ChatGPT on laptop

Artificial intelligence holds a distinct lure for HR, with its promise of streamlined and efficient hiring. But while the technology promises efficiency, it introduces new challenges of potential bias and discrimination. In August 2023, the Equal Employment Opportunity Commission (EEOC) ...

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Federal appeals court rejects NLRB’s ‘nonsensical’ ruling

In a scathing rebuke of the National Labor Relations Board, a federal appeals court in the District of Columbia has overturned the Board’s ruling in two unfair labor practice claims against Stern Produce Company. The decision, which twice referred to ...

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DOL clarifies rights to employee representation during OSHA inspections

Man driving forklift in warehouse

The U.S. Department of Labor has published a final rule clarifying employees’ rights to authorize a representative to accompany an OSHA compliance officer during an inspection of their workplace. The rule goes into effect on May 31, 2024. The Occupational ...

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EEOC releases fiscal year annual report, dashboard

EEOC seal

The U.S. Equal Employment Opportunity Commission has released its Fiscal Year (FY) 2023 Office of General Counsel (OGC) Annual Report and a new data dashboard featuring selected cases that have been resolved over the past five fiscal years. In FY 2023, which ...

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Court strikes down NLRB’s joint employer rule

Wooden gavel

A Texas federal judge has vacated the National Labor Relations Board’s (NLRB) controversial joint employer rule. The rule, which would have made it more likely for two entities to be deemed joint employers, was set to take effect on March ...

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DOL offers industry-specific guidance on PUMP Act compliance

Pregnant employee

The U.S. Department of Labor’s Wage and Hour Division (WHD) is publishing industry-specific guidance to help employers comply with the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The PUMP Act extends the Fair Labor Standards Act ...

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Former nurse awarded $41M in retaliation suit

Hospital wing

Maria Gatchalian, a former charge nurse in a neonatal intensive care unit, has been awarded $41.49 million in her wrongful termination and retaliation lawsuit against Kaiser Permanente. Gatchalian had worked in the NICU at Kaiser Permanente Woodland Hills Medical Center ...

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