Employment Law

Top Five Labor Law Developments for May 2022

The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to expanding legal protections for workers and labor unions, the General Counsel’s office of the NLRB issued Memorandum OM 22-09, reiterating NLRB policy on workers’ rights to access the NLRB collective bargaining and remedial procedures regardless of immigration status, without fear of reprisals from their employers or the federal government.

Unclear, Inconsistently Enforced Policy Supports Employee Discrimination Claim

Shortly after requesting an accommodation for his disability, an employee was terminated for violating company policy. But because the policy at issue was vague, ever-evolving, and inconsistently enforced, the Utah Court of Appeals held that the employer’s explanation for why it had terminated the employee was pretextual, holding that it was liable for discrimination and/or retaliation.

Employers Explore Abortion Coverage Continuation

While the United States awaits the Supreme Court’s ruling in Dobbs v. Jackson, which may overturn Roe v. Wade and eliminate the federal standard for abortion access, some states are considering setting their own standards that would ban or protect the medical procedure.

The Act Implementing the EU Directive on Transparent and Predictable Working Conditions: An Overview

On 1 August 2022, the Act implementing the EU Directive on Transparent and Predictable Working Conditions (the Act) likely will enter into force, as EU Member States have until that date to implement the directive into their own national laws.

Workplace Safety Review: Episode 26 | Interview with Rod Harvey

In this episode, Mike Taylor and Adam Roseman talk to Rod Harvey, Director of Industrial Hygiene and Field Services for RHP Risk Management Inc.

In Viking River Cruises, US Supreme Court Sides With Employers: Individual PAGA Claims Are Arbitrable - For Now

In a victory for California employers, the U.S. Supreme Court held in Viking River Cruises, Inc. v. Moriana that the Federal Arbitration Act (FAA) requires enforcement of arbitration agreements that waive an employee’s right to bring a Private Attorneys General Act (PAGA) claim on a representative basis – requiring such claims be brought on an individual basis in arbitration. The Court further held that “PAGA provides no mechanism to enable a court to adjudicate non-individual PAGA claims once an individual claim has been committed to a separate [individual arbitration] proceeding.”

GT's The Performance Review Episode 16: Fit Fam: Lifting the Weight of California Privacy Laws (Part 2)

Join Philip Person and Ryan Bykerk as they discuss employee privacy with Lauren Green, internal counsel at global boutique fitness brand Barry’s Bootcamp.

Chicago Amends Its Sexual Harassment Ordinance

Understanding a Trustee's Role in Management Incentive Plans

On May 5, 2022, McDermott Partner Erin Turley delivered a presentation during the 2022 TEA National Conference titled “Understanding a Trustee’s Role in Management Incentive Plans.” Her presentation focused on the trustee’s role in Management Incentive Plans (MIPs), how retention and performance stock appreciation rights (SARs) impact an employee stock ownership plan (ESOP) and ways to avoid trustee pitfalls with a MIP. Erin also discussed types of synthetic equity design decisions, incentive stock options, non-statutory stock options and phantom stock/SARs.

Asked & Answered: GT's Labor & Employment Podcast Episode 5: New Labor & Employment Laws and Trends in 2022

GT Labor & Employment Practice Shareholder Kelly Bunting and Associate Malcolm Ingram discuss some new employment laws of note.