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Labor Board Counsel Attempting to Institute Modified Card Check Rule and Do Away with Anti-union Employer Meetings

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The current Administration, led by President Biden's promise to be the most pro-union Administration in history, continues in its efforts to change the rules so that unions become more widespread.  The President's appointed National Labor Relations Board (NLRB) General Counsel, Jennifer Abruzzo, plans to change the rules of union organizing not by law or ...
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Advice on Retention of Young Hourly Workers

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The above subject is No. 1 on many employers' lists, and Harvard Business Review in recent years surveyed young workers to understand how employers can improve engagement and retention in a wide variety of industries.  The survey found that the job satisfaction survey was driven in large part by how they thought their manager treated them.  Being treated ...
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Importance and Results of New Federal Law Banning Forced Arbitration for Harassment

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There is a reason why more than half of U.S. companies have adopted individual arbitration and class action waivers to resolve worker complaints as an alternative to litigating in court.  Civil rights groups cite certain studies showing that employees prevail only about a third as often in mandatory arbitration as in federal courts, and the damages awarde...
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Most Pro-union Administration Ever Continues to Pursue Agenda

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Probably the most radical change in policy with the new Administration pertains to the National Labor Relations Board (NLRB) and other related Administration initiatives involving organized labor.  In January a report was issued by President Biden's Taskforce on Worker Organizing and Empowerment.  The mission is seeking to expand worker and union rights. ...
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"Nuclear Punitives" Is New Term for Runaway Jury Verdicts in Employment Cases

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In December, a California jury awarded $150 million punitive damages in an employment discrimination/ retaliation case brought by an individual plaintiff.  Another California jury found Tesla liable for $137 million in punitive damages after a worker was subjected to racial harassment.  In both cases, the attorneys for the plaintiffs received millions of ...
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Supreme Court Gives Green Light to More Retirement Plan Lawsuits

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Over the last couple of years, more than 150 lawsuits have been filed by employees claiming that their employer's pension plans include poor investment options, charge excessive fees, or otherwise violate fiduciary obligations in prudent management of retirement plans under ERISA.  Plan fiduciaries have attempted to defend these cases by arguing that they...
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When Must Employers Pay for Employee Covid-19 Tests?

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Since the early days of the pandemic, the Families First and Coronavirus Aid, Relief, and Economic Security (CARES) Act, laws and regulations have required that group health plans provide first dollar coverage for COVID-19 tests administered under medical supervision.  Recently, the U.S. Departments of Health and Human Services, Labor, and Treasury issued...
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EEO-1 Reports Due in May

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For many years, the EEOC rules have required employers to file an annual report, known as the EEO-1 or Standard Form 100, in which employers with 100 or more employees submit data on their employees' race, sex and ethnicity by job groups.  The EEOC has announced a tentative deadline of May 17, 2022, for filing the report, a deadline that has previously be...
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Congress Passes Bills Guaranteeing Harassment Cases May Be Brought in Court

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The U.S. House of Representatives on February 7, 2022, and the U.S. Senate on February 9, passed bills that would prohibit enforcement of contract provisions that mandate third party arbitration of workplace sexual harassment or assault claims.  The measures are bipartisan, introduced by Democrats and Republicans.  The law as passed narrowly pertains to s...
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Harvard University, Boston, MA, USA

Human Rights Organization Sued for Racial Bias; Supreme Court to Hear Affirmative Action Preferences at Harvard

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The former president of the Human Rights Campaign, the country's largest LGBT advocacy group, has sued the organization in federal court alleging that he was underpaid and then terminated "because he is Black" and saying that the group has a "deserved reputation for unequal treatment of its non-White employees."  This may come as a surprise to some to kno...
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Are More Guaranteed Income Payments in Our Future, and Do They Discourage Work?

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A number of cities and counties across the country are experimenting with guaranteed income payments, supplementing programs on the federal level.  There are at least 20 such pilot programs currently in existence, designed to study the concept of giving low-income persons money with none of the traditional strings of welfare.  The idea is to gain research...
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