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Showing 46 posts by Claire M. Vujanovic.
Amidst Unionization Trends, What Can Employers Do?
With strikes and unionization efforts appearing in recent news with great frequency, many employers are left wondering, “Am I next?” Though labor organizing creates a tough legal line for employers to walk, there are options to protect your business from union activity. More >
NLRB Time Travels Back to 2014 Rule to Speed Up Union Elections
Once again, the NLRB has taken up time travel, this time reversing a 2019 rule about union election procedures to return to the 2014 “quickie election” rule that allows unions to organize workplaces at lightning speed. More >
New NLRB Memo Says Non-Compete Agreements Violate NLRA
Following the Federal Trade Commission’s (FTC) January proposal to ban non-compete agreements, the National Labor Relations Board (NLRB) has issued a memo stating that non-compete agreements, except in very specific circumstances, violate the National Labor Relations Act. Any employer who uses non-compete agreements, or other agreements that functionally serve as non-competes, should be bracing for impact. More >
A Day in the Life Working from Home – What Time is Compensable?
Nearly three years after it suddenly became a necessity for many employees to work from home, it’s clear that teleworking isn’t going anywhere. Many employers have chosen to allow for remote or hybrid work arrangements—but in the “work from home” era, issues like timekeeping for non-exempt employees can get a little fuzzy. We’ll walk you through a teleworking employee’s day and give you the rundown on what is compensable time under the Fair Labor Standards Act (FLSA), what isn’t, and tips for making sense of it all. More >
New Standard Mileage Rates for 2023 Issued by IRS
Effective January 1, the IRS has issued the 2023 optional standard mileage rates for employers to calculate reimbursement for employees who operate a vehicle for business purposes. More >
New Year Brings New Federal Protections for Pregnant and Nursing Employees
At the end of December, Congress passed two bills that alter employers’ obligations to pregnant and nursing employees, with new standards that will be going into effect in 2023. The first of these bills is the Pregnant Workers Fairness Act (PWFA), which provides employees who are experiencing conditions arising from pregnancy or childbirth with the right to reasonable accommodations. The second is the Providing Urgent Maternal Protections for Nursing Mothers Act, also known as the PUMP Act. While there are already federal requirements in place for employers to provide postpartum employees with nursing facilities meeting certain standards, the PUMP Act expands the coverage of those requirements to more types of employees. More >
NLRB Modifies Test for Bargaining Units, Resurrecting the Dreaded Micro-Unit
On December 14, 2022, the National Labor Relations Board issued a decision in the case American Steel Construction, Inc., modifying the test for determining inclusions in bargaining units. The Board’s decision reverts the test to an Obama-era standard that allows unions to form smaller, easier-to-organize bargaining units known as “micro-units”—the mention of which will send many employers into a panic. More >
Ninth Circuit Ruling Portends Changes for Compensable Time
The Ninth Circuit Court of Appeals ruled that the time employees spend booting up computers and launching their timekeeping system is compensable time under the Fair Labor Standards Act (FLSA) when these activities are integral and indispensable to an employee’s principal work activities. More >