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NLRB ruling creates new framework for union representation proceedings

National Labor Relations Board ((Geraldshields11 via Wikimedia Commons)

The National Labor Relations Board has announced a new framework for determining when employers are required to bargain with unions without a representation election. The new framework, created under the Board’s decision in Cemex Construction Materials Pacific, LLC (N.L.R.B., Case 28-CA-230115), overturns ...

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Massachusetts businesses could have liability risk from Location Shield Act

GPS tracking on phone screen

Businesses could be exposed to liability if the Massachusetts Legislature enacts measures banning the sale of cellular location data. Introduced in both the Senate and the House earlier this year, the Location Shield Act is billed as an act “protecting ...

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EEOC proposes broad Pregnant Worker Act rule

Pregnant employee

A newly proposed rule to implement the federal Pregnant Workers Fairness Act seems to paint the employee’s right to a reasonable accommodation with a broad brush while maintaining a firm standard for the employer’s burden of showing that a particular ...

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EEOC updates guidance on visual disabilities

Empty office

The Equal Employment Opportunity Commission (EEOC) recently issued new guidance on how the Americans with Disabilities Act (ADA) applies to job applicants and employees with vision impairments. In particular, the guidance addresses the following topics: When an employer may ask ...

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OSHA requires more data from high-hazard employers

Construction worker at job site

The U.S. Department of Labor has announced a final rule that will require certain employers in high-hazard industries to submit more injury and illness information to the Occupational Safety and Health Administration (OSHA). Effective January 1, 2024, certain businesses in ...

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New guidance on Massachusetts Parental Leave Act

Pregnant woman in office

The 2015 Massachusetts Parental Leave Act (MPLA) was a significant change for parental leave requirements in the state. Most notably, the Act expanded coverage to men, providing eight weeks of unpaid, job-protected leave to parents upon the birth or adoption ...

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NLRB decision should trigger handbook review

Employee handbook

The National Labor Relations Board reversed a stance that allowed employers to maintain certain employee policies, such as prohibitions against public criticism or conflicts of interest. The ruling in Stericycle vs. Teamsters Local 628 means that policies restricting employee speech ...

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Supreme Court ‘wedding website’ decision could have employment implications

U.S. Supreme Court

The recent U.S. Supreme Court decision in 303 Creative LLC v. Elenis dealt with the creation of wedding websites, not employment issues. But employers are wondering if the case could impact their anti-discrimination policies and employment actions. Case background In ...

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Rule proposed to improve mental health parity

Health care benefits

The federal government is working to ensure that Americans have the same insurance coverage for mental health services as they do for physical health services. Late last month, the Departments of the Treasury, Labor, and Health and Human Services released ...

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Crackdown on illegal deductions, overtime violations continues

Employee being handed paycheck

The U.S. Department of Labor has been cracking down on overtime violations and illegal deductions. In one recent case, DOL Wage and Hour Division investigators recovered more than $66K in back wages for 20 workers at Bellinger Parts Group in South Carolina. ...

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