Fair Workweeks for Retail Workers in Los Angeles

The city of Los Angeles recently passed the Los Angeles Fair Work Week Ordinance, which largely stemmed from the findings as to unpredictability of work schedules in the retail industry. Specifically, it was determined that approximately “77 percent of retail workers receive less than one week notice of their schedules or changes to their schedules” and that such unpredictability created extensive socioeconomic burdens on workers of large retail businesses. The Ordinance can be found here.

Impact of the NLRB’s McLaren Macomb Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

Section 7(a) of the NLRA Applies to More Than Just CBA Employees

In general, Section 7 of the National Labor Relations Act (“NLRA”) provides employees nationwide with certain rights relating to organizing with other employees and collective bargaining, whether or not they are subject to collective bargaining agreements (“CBAs”). These rights include the right to self-organize; join or assist labor organizations; cooperate in NLRB investigations; and engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, including criticizing employer policies and discussing severance, wages and other terms and conditions of employment with co-workers and former co-workers.

Happy International Women’s Day – Now Wait Another 300 Years for Equality! Wait, What?

That’s right, you read it correctly, another 300 years!  The United Nations Secretary General told the Commission on the Status of Women on March 7, 2023, that gender equality is “300 years away.” The statement was based on statistics from UN Women, an organization dedicated to the study of the status of women and girls around the world, and the advancement of gender equality and empowerment of women. According to UN Women, girls and women represent half of the world’s population and, therefore, also half of its potential. However, statistics show that there is a long way to go to achieve full equality of rights and opportunities between men and women.

The DOL Issues New Guidance Applying the FLSA and FMLA to Remote Workers

On February 9, 2023, the U.S. Department of Labor (“DOL”) issued  Field Assistance Bulletin 2023-1 (the “FAB”), which directs agency officials responsible for enforcement on the application of the Fair Labor Standards Act (“FLSA”) and Family and Medical Leave Act (“FMLA”) to teleworking employees. This guidance provides valuable insight to employers on the DOL’s interpretation of various issues, including: (1) compensation of teleworking employees under the FLSA, (2) protections for nursing employees when working remotely, and (3) eligibility rules for teleworking employees under the FMLA. The purpose of the new guidance seems to be aimed at reminding employers that employees who telework remain covered by the protections of both the FLSA and the FMLA.

The EEOC Issues New Guidance Reminding Employers of Protections for Applicant and Employees with Hearing Disabilities

On January 24, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated resource document titled “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees who are deaf or hard of hearing or have other hearing conditions.

Oh Mama! Federal Changes You Need to Know for Pregnant, Breastfeeding, and Postpartum Employees

The PUMP Act

The PUMP Act, signed into law on December 29, 2022, is a new federal law applicable to employers with over 50 employees, that increases the requirements for employers of breastfeeding employees under the FLSA. It is important that employers ensure they are abiding both by this new federal law, and also by any parallel state law. California, for example, already had laws regarding requirements for breastfeeding employees (Cal. Lab. Code §§1030-1033), which apply to all employers, including employers with under 50 employees. For the most part, the PUMP Act simply brings the federal minimum standard to a similar base-line of protections.