Labor & Employment Blog



At a Society for Human Resource Management (SHRM) conference this week, EEOC Commissioner Chai Feldblum said the EEOC will continue to follow its recent strategic enforcement plan released in October, including prioritizing cases in areas such as LGBT protection against sex-based discrimination.  Feldman acknowledged that some changes might be made under the Trump Administration, but did not specify what, if any, changes she was referring to. 


As of January 1, 2018, employees in New York will be entitled to 12 weeks of paid family leave to care for an infant (first year after adoption or birth) or for a family member (child, parent or grandparent) with a serious health condition, or to relieve family pressures when someone (spouse, child, domestic partner or parent) is called to active military service. Recently, proposed regulations were released regarding employee rights, eligibility, coverage, phase-in schedule and other information.


The New York State Department of Labor recently drafted regulations that affected how employers pay their employees.  These pending regulations were supposed to go into effect on March 7, 2017, but have now been revoked.


On February 14, a House of Representatives subcommittee heard arguments on whether to peel back some of the National Labor Relations Board actions taken under the Obama administration, including the controversial union election rules and joint employer liability expansion.  Lawmakers heard from both employers and union advocates.   The hearing was called, “Restoring Balance and Fairness to the National Labor Relations Board.”  Subcommittee Chair Tim Walberg (R-MI) said that in the weeks and months ahead, the subcommittee will do everything they can to “turn back this failed, activist agend


A national Right-To-Work bill now pending in Congress, allowing employees in union workplaces to opt out of the union and its dues, is being given its best chance ever of passage. President Trump has indicated his support for the bill, and Republican control of both houses of Congress helps the bill's odds.  However, the Democrats still have the ability to filibuster the bill if they remain united, so Republicans are reaching across the aisle for defectors.


The U.S. Supreme Court recently announced that it would review whether, as a condition of employment, employers can require employees to sign arbitration agreements that contain a waiver of the employees’ right to participate in class and collective actions.­ 


On Friday, President-Elect Trump will be sworn in and take office.  Among the first things his administration will do is appoint new board members for the National Labor Relations Board, making it a Republican majority for the first time in many years.  Over the next few years, it is likely that they will reverse many of the actions that the Obama Board implemented, including many of its pro-union and pro-employee rulings.  Many of the NLRB decisions from the last eight years will likely be revisited, including its strong stance on social media policies and employer handbooks.  As decision


The state and federal anti-discrimination laws are quite strict in requiring, among other things, that employers take reasonable action to prevent discrimination against employees based on a broad range of protected categories, and to remediate quickly any discrimination that does occur. Discrimination under the law includes harassment based on any such protected categories.


In March 2016, we told you about the Department of Labor’s finalized “Persuader” regulation under the Labor-Management Reporting and Disclosure Act which required employers and legal consultants to report to the Department any type of arrangement that may persuade employees on whether or not to organize or collectively bargain. 


On Tuesday, the EEOC issued a guidance on rights of employees with mental health conditions under the ADA.  This is a difficult topic and we receive many questions about it.  The guidance is laid out in question and answer format and is helpful to employers struggling with how to approach the issue.  You can find the guidance here