U.S. Citizenship and Immigration Services (USCIS) recently released policy guidance that could help certain foreign-born workers receive or renew an Employment Authorization Document (EAD). The guidance addressed “compelling circumstances” for principal applicants and their dependents. While employment authorization for certain ...
Read More »Expect a patchwork of state and local AI hiring laws
A New York City law going into effect this month will regulate how companies use artificial intelligence (AI) software in the hiring process. The city passed the law in 2021 but didn’t adopt specific rules until April of this year. ...
Read More »NLRB redefines entrepreneur issue in contractor status
A June decision by the National Labor Relations Board (NLRB) could make it easier for workers to be classified as employees rather than independent contractors. The board’s ruling in Atlanta Opera, Inc. and Make-Up Artists and Hair Stylists Union, Local ...
Read More »More Americans testing positive for marijuana after workplace accidents
The percentage of American employees testing positive for marijuana following a workplace accident has reached its highest level in 25 years, according to a new report from Quest Diagnostics. Researchers reviewed the results of more than 10.6 million samples taken ...
Read More »NRLB general counsel says noncompetes are generally unlawful
The National Labor Relations Board has issued a memorandum asserting that noncompete agreements generally violate a worker’s right to engage in collective action to improve their working conditions, as protected under the National Labor Relations Act. The memorandum, promulgated on ...
Read More »Supreme Court: Unions must take precautions to protect company property
The U.S. Supreme Court, in an 8-1 decision, has held that the National Labor Relations Act (NLRA) does not prevent a company from filing a lawsuit in state court alleging intentional destruction of property by a union during a labor ...
Read More »DOL issues guidance on PUMP Act
Breastfeeding employees have the right to pump milk at work, as protected by the Fair Labor Standards Act (FLSA). An FLSA amendment in 2010 was the first to include break time and space requirements for pumping. On December 29, 2022, ...
Read More »Remote work and choice of law: Discrimination claim survives dismissal
A new court case offers a reminder to employers that it may not be so easy to get out from under employee-friendly provisions, even if their employees are far from the state in question. In Wilson v. Recorded Future, Inc., ...
Read More »Excluding interns from your 401(k) plan
As the summer intern season begins, many employers are wondering: Do I have to offer our 401(k) plan to these temporary employees? Generally, the answer is no — as long as you set your policy up appropriately. An employee must ...
Read More »Arbitration agreement found void
An employer’s arbitration agreement was unenforceable because of unconscionable terms in a confidentiality agreement that was executed simultaneously during employee onboarding, the California Court of Appeal has decided. In effect, one bad agreement invalidated them all. In the case of ...
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