Insights

January 23, 2024
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Category: Labor Relations

D.C. Circuit Affirms NLRB Ruling That T-Mobile Operated an Illegal Company Union

Wireless telecommunications carrier T-Mobile established an illegal company union that must be dissolved, a divided appeals court panel ruled January 12, 2024. T-Voice, a worker feedback program created by T-Mobile, fit the definition of a labor organization under the National Labor Relations Act (NLRA), a panel of the U.S. Court of Appeals for the District of Columbia held. The panel...
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January 22, 2024
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Category: Appropriations

Congress Averts Government Shutdown by Extending Federal Funding Until March

The U.S. Congress once again has enacted a temporary spending measure, called a continuing resolution (CR), to avert a partial shutdown of the federal government. The CR will enable most federal government operations to continue functioning at the same levels as the last fiscal year (FY) through either March 1 or March 8, 2024, depending on the agency. While this...
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January 17, 2024
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Category: Compliance Reporting and Recordkeeping

CWC’s Updated Summary of Federal EEO/AA Recordkeeping Requirements Now Available Online

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its comprehensive summary of federal EEO/AA recordkeeping requirements. Summary of Recordkeeping Requirements: Federal Fair Employment and Affirmative Action Laws incorporates changes that have occurred since 2017. The new summary covers the FEP/AA recordkeeping requirements imposed under 12 federal statutes, including the recently enacted Pregnant Workers Fairness Act,...
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January 17, 2024
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Category: Data and Statistics

Employment-Related Lawsuits Filed in Federal Court Increased in 2023

Total employment-related lawsuits filed in federal courts increased by nearly 9% in fiscal year 2023 over the preceding year, according to statistics from the Administrative Office of the U.S. Courts. A 21% increase in suits filed under the Americans with Disabilities Act (ADA) led the uptick, which ended a four-year downward trend in the filing of employment-related federal lawsuits. Despite the...
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January 17, 2024
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Category: Arbitration and Dispute Resolution

Federal Court Cements Ban On California’s Latest Attempt To Outlaw Employment Arbitration

California cannot prohibit employers from requiring employees to sign arbitration agreements as a condition of employment, under a federal court order entered January 2, 2024. The permanent injunction came in a lawsuit from the U.S. Chamber of Commerce challenging a 2019 California law that effectively barred mandatory arbitration of employment disputes. The order from the U.S. District Court for the Eastern...
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January 16, 2024
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Category: FLSA

DOL Finalizes Rule Making It Harder To Show Worker Is Independent Contractor

The U.S. Department of Labor (DOL) has finalized a rule that determines whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The new rule will go into effect March 11, 2024. It rescinds regulations issued during the Trump Administration and adopts a controversial six-part economic reality test applied during the Obama Administration. Although...
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January 11, 2024
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Category: Data and Statistics

CWC’s Round-Up of Notable 2023 State and Local Employment Law Developments

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has compiled a year-end digest of notable state and local employment law developments on which we reported during 2023.  The digest briefly describes the issues and links to related CWC memos that discuss the issues in more detail. If a state is not listed, that means CWC did not...
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January 10, 2024
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Category: ADA

Tenth Circuit Rejects Open-Ended Leave as ADA Reasonable Accommodation

The U.S. Court of Appeals for the Tenth Circuit has ruled that a request for open-ended leave by a casino worker whose absences violated the casino’s no-fault attendance policy was not a reasonable accommodation under the Americans with Disabilities Act (ADA). In Davis v. PHK Staffing, the Tenth Circuit upheld a federal trial court’s grant of summary judgment for the...
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January 10, 2024
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Category: Data and Statistics

Latest Annual Government Survey Shows Jump in Workplace Homicides and Suicides

The government’s most recent survey of workplace fatalities shows a marked increase in both homicides and suicides in 2022 over the previous COVID-19 pandemic year. In fact, the latest available national Census of Fatal Occupational Injuries (CFOI), an annual survey conducted by the U.S. Bureau of Labor Statistics (BLS), discloses that 2022 had the most reported homicides in U.S. workplaces...
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January 08, 2024
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Category: Executive Order

FAR Council Issues Final Rule Implementing 2022 Biden PLA Executive Order

The Federal Acquisition Regulatory (FAR) Council has issued a final rule directing federal agency contracting officers to insert a project labor agreement (PLA) requirement into most solicitations or prime contracts that will cost the government at least $35 million. The rule implements a 2022 Executive Order (E.O. 14063) from President Biden that essentially mandates the use of union labor on...
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