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.

1. The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic. William Beaumont Hospital, 370 NLRB No. 9 (Aug. 13, 2020). Prior to a trial scheduled to be heard by videoconference due to the pandemic, the employer requested a delay to allow an in-person proceeding.

1. The National Labor Relations Board (NLRB) modified its standard for determining whether an employer may lawfully discipline an employee for abusive or offensive statements and conduct in the context of activity otherwise protected under the National Labor Relations Act (NLRA). General Motors LLC, 369 NLRB No. 127 (July 21, 2020).

The federal district court in New York struck down four provisions in the Department of Labor’s (DOL) Families First Coronavirus Response Act (FFCRA) regulations on August 3, 2020, four months after the regulations went into effect, and five months before the FFCRA is set to expire. State of New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 (S.D. N.Y. Aug. 3, 2020).

The National Labor Relations Board (NLRB) General Counsel (GC) has weighed in on several COVID-19-related issues under the National Labor Relations Act (NLRA).

The GC’s opinions are contained in Advice Memoranda that reflect an understanding that unionized employers must have flexibility to deal with pandemic-related issues quickly.

As cases of COVID-19 continue to spike across the country and many jurisdictions have begun to require the use of face coverings in public, the Occupational Safety and Health Administration (OSHA) has unveiled and updated its Frequently Asked Questions discussing masks in the workplace.

The Equal Employment Opportunity Commission (EEOC) has announced two six-month pilot programs to expand its mediation program and increase the effectiveness of its conciliation process.

While the EEOC’s press release was short on details, it signals that the agency may be placing more emphasis on pre-suit settlements and taking a step back from making splashes through litigation.