The National Labor Relations Board (“NLRB”) has had a longstanding rule which allows employers to hold mandatory meetings where they can discuss unionization with their employees. Recently, these “captive audience” meetings have come under attack. At the federal level, the General Counsel of the NLRB issued a memo in April 2022 expressing opposition to captive audience meetings as a violation of the NLRA. There has also been a trend of state legislation impacting captive audience meetings, including in Maine, Oregon, Connecticut, and Minnesota. Recently, New York has joined this trend.
Read MoreAs employers are aware, it is important to review workplace rules, policies, and employee handbooks on a regular basis for legal compliance given the ever-changing landscape of federal, state, and local labor and employment laws. A recent National Labor Relations Board ruling further underscores the importance of regular review, even for employers that are not unionized. The decision, Stericycle, establishes a heightened standard for evaluating when facially neutral workplace policies unlawfully restrict employees in exercising their rights under Section 7 of the National Labor Relations Act and overturns years of Board precedents regarding work policies. The ruling raises challenging questions about how to craft work policies and how the Board will determine whether a workplace policy is impermissible when applying the new standard.
Read MoreAs we reported in previous alerts, New York City law imposes requirements on employers who use automated employment decision tools (“AEDTs”) to make employment decisions. Following suit, the NYS Senate introduced a bill that, if passed, would restrict employers’ use of not only AEDTs, but also electronic monitoring. While there is no analogous federal requirement relating to the use of AEDTs or electronic monitoring, the EEOC has also indicated that AI is an area of interest, recently releasing guidance on the application of Title VII of the Civil Rights Act to employers’ use of AI tools.
Read MoreDiversity, Equity, and Inclusion (“DEI”) initiatives and programming continue to be a priority for employers and are often reflected in employers’ public statements, hiring practices, and employee trainings. However, recent legal developments indicate that these programs and initiatives may be subject to increased scrutiny. Specifically, the June ruling from the Supreme Court on affirmative action in the higher education space and the uptick in “reverse” employment discrimination claims show a potential trend toward increasing challenges to such programs.
Read More