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DOL issues guidance on RIFs and remote employees

Remote worker using Zoom

The Department of Labor (DOL) recently clarified what effect remote workers have on the application of the federal Worker Adjustment and Retraining Notification Act (the “WARN Act”) and related state regulations. The guidance addresses when remote workers count in the ...

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NLRB strikes down Tesla uniform policy

Tesla showroom (ifeelstock/Deposit Photos)

The National Labor Relations Board has ruled that Tesla cannot stop factory employees from wearing clothing with union insignia while on the job. The board, in a 3-2 decision, overruled a 2019 NLRB decision involving Walmart and union clothing. A ...

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NLRB proposes change to joint employer standard

National Labor Relations Board ((Geraldshields11 via Wikimedia Commons)

The National Labor Relations Board (NLRB) has issued a notice of proposed rulemaking that would change the joint employer standard. The joint employer standard defines when two employers who do business together are “joint employers,” making them liable for one ...

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Employer that acted on rumor didn’t violate discrimination law

In a recent case, an officer was up for promotion until his superiors heard a concerning rumor. The department conducted an additional round of interviews for the job and ultimately awarded the promotion to someone else. The officer claimed retaliation ...

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Walmart pregnancy accommodation case may push Congress to act

Walmart store exterior (wolterke/Deposit Photos)

In August, the 7th U.S. Circuit Court of Appeals issued a decision holding that Walmart’s policy of refusing to provide light duty assignments to pregnant workers did not violate current law. In the case, the Equal Employment Opportunity Commission (EEOC) ...

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OSHA fines store for safety violations

Dollar General (jetcityimage2/Deposit Photos)

The Occupational Safety and Health Administration (OSHA) has ordered Dollar General to pay approximately $1.3 million over workplace safety issues at three Georgia stores. The news of these significant fines is a wake-up call for employers nationwide to ensure they ...

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H-1B visa quota reached

U.S. visa

The yearly quota for H-1B visas has been reached for fiscal year 2023. The U.S. Citizenship and Immigration Services (USCIS) accepts petitions for H-1B visa and H-1B visa advanced degree applicants. The H-1B visa cap for fiscal 2023 is 65,000 ...

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Change to Massachusetts PFMLA Act effectively vetoed

A provision in the Massachusetts state budget would have amended the state’s Paid Family and Medical Leave Act (PFMLA). But the governor has not signed the amendment. Legislation would have allowed employees to use their accrued paid leave to supplement ...

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Dos and don’ts when an employee is arrested

You’ve just received notice that an employee has been arrested. A local news outlet is calling to confirm the person’s employment history and the employee rumor mill is already active. Now what? First consult legal counsel, inside or outside your ...

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CROWN Act signed into law

Massachusetts State House

Massachusetts has become the latest state to ban discrimination based on natural hairstyles. On July 26, 2022, Governor Charlie Baker signed the Creating a Respectful and Open World for Natural Hair (“Crown”) Act. The act prohibits hair discrimination in workplaces ...

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