Wednesday, August 28, 2019

NLRB Strengthens Employers’ Right to Bar Non-Employee Protests



The National Labor Relations Board (NLRB or the “Board”) has yet again reversed precedent and created a new employer-friendly rule regarding non-employees engaging in leafletting on an employer’s premises. In a prior 2011 decision involving the New York New York Hotel in Las Vegas, the Board had held that employers could only prohibit leafletting by non-employees on the employer’s property when such activity would “significantly interfere” with the employer’s use of the property. This was a difficult standard for employers to meet, and, fortunately for employers, they may now have greater flexibility. 

Friday, August 23, 2019

EEOC Released FAQs on EEO-1 Reporting, Including Guidance on Reporting Non-Binary Employees


The deadline for employers with annual EEO-1 reporting requirements to submit Component 2 pay data is just over a month away. Employers must file 2017 and 2018 Component 2 compensation data by September 30, 2019.

With the deadline approaching, the Equal Employment Opportunity Commission (EEOC) has released guidance to filing employers through answers to Frequently Asked Questions. Among other issues, the EEOC addressed reporting non-binary gender employees. Previously, the EEOC required an employer to list an employee’s gender for EEO-1 reporting as male or female. The EEOC also stated that self-identification was the preferred method of identifying an employee’s sex. The EEOC, however, had not previously answered the question of how to complete the EEO-1 form related to employees who identify as non-binary.

Friday, August 16, 2019

New Compliance Tools From the Department of Labor


As part of its ongoing efforts to assist employers in understanding their responsibilities under federal employment law, the Wage and Hour Division of the U.S. Department of Labor recently added publically available presentations to its website.  The presentations cover topics under the Fair Labor Standards Act, such as wage and hour requirements, child labor requirements, and an employer’s responsibilities to provide rest breaks and proper facilities for nursing mothers.

During the past year the Department of Labor has added other content to its online materials including the Handy Reference Guide to the Fair Labor Standards Act.

The Department states that these online tools are designed to ensure a greater understanding of the federal labor laws and regulations.

Friday, August 9, 2019

Minneapolis Passes Wage Theft Ordinance, Adding Requirements Beyond State Law


The Minneapolis City Council adopted a new “Wage Theft” ordinance on August 8 that adds requirements on top of those in the new Minnesota Wage Theft law that became effective July 1. The city ordinance will be effective January 1, 2020, and will require employers to satisfy the city’s wage theft requirements for all employees who work at least 80 hours in a year within the geographical boundaries of Minneapolis, regardless of the location of the employer. Violations of the ordinance subject an employer to a variety of damages, costs, and penalties.