On January 20, 2021, President Joe Biden summarily removed National Labor Relations Board (NLRB) General Counsel Peter Robb from office. Biden removed Robb’s deputy Alice Stock the following day. These unprecedented moves were clearly meant to change direction from that of Trump administration appointees. However, they left the NLRB without its legal advisor and without its prosecutorial arm.

As employers continue to grapple with a safe return to the workplace, the U.S.

One day after President Joe Biden’s inauguration, the Equal Employment Opportunity Commission (EEOC) announced that he has named current EEOC Commissioner Charlotte A. Burrows Chair of the EEOC and Commissioner Jocelyn Samuels Vice Chair of the EEOC.

Burrows and Samuels are Democrats and replace former Chair Janet Dhillon and former Vice Chair Keith E. Sonderling. Dhillon and Sonderling are both Republicans.

The U.S. Department of Labor (DOL) has issued its long-awaited Final Rule addressing who may share tips under the Fair Labor Standards Act (FLSA) and the circumstances under which employers may use a tip credit.

The Final Rule will be effective 60 days after publication in the Federal Register.

A workplace where employees believe they can speak up candidly with ideas, questions, and concerns, and even make mistakes without fear of reprisal or adverse repercussions, contributes to inclusivity and can improve performance. In such a work environment, employees feel comfortable asking questions, admitting what they do not know, or expressing their work-relevant thoughts and feelings. This construct is called psychological safety.

As federal and state safety and health guidelines in response to the COVID-19 pandemic call for extensive use of personal protective equipment (PPE) in the workplace, employers should give their policies on “donning and doffing” a fresh look.

Following the “Combating Race and Sex Stereotyping” Executive Order (EO), which requires the Office of Federal Contract Compliance Programs (OFCCP) to set up a hotline and investigate complaints of violations, OFCCP has issued a press release providing additional information and reporting the launch of the hotline.

In the wake of Justice Ruth Bader Ginsburg’s death, President Donald Trump has nominated the Honorable Amy Coney Barrett, who sits on the federal U.S. Court of Appeals for the Seventh Circuit, to the U.S. Supreme Court. A conservative jurist and self-described “originalist” and “textualist,” Barrett previously clerked for the late-Justice Antonin Scalia of the U.S. Supreme Court.

The U.S. Department of Labor (DOL) has issued a new proposed regulation setting forth the proper standard for determining a worker’s status as an “independent contractor” under the Fair Labor Standards Act (FLSA).

As Election Day approaches and despite the anticipated uptick in absentee ballots, employers should ensure they are in compliance with state law requirements related to employee voting rights. While not all states impose requirements on employers, some impose time off obligations and notice requirements with the possibility of criminal or civil penalties for non-compliance.