July 2022 Issue | HR and Employment News

Volume 21 | July 2022

HR & the Law in the News

For those that read last month's e-newsletter and found some links broken:

thank you for your patience. The website was hacked! (Really? Yes, really. [sigh])

Biden White House Will be First to Pay Interns

This fall, the current Administration will be the first ever to pay its White House interns.

‘Tis the season! Each Spring and Summer many employers consider engaging the services of workers without pay, such as volunteers and unpaid interns. That is fine, so long as it is done correctly. The U.S. Department of Labor has rules and factors it applies to determine whether a worker can be properly classified as an unpaid intern or volunteer. For the latter, these factors differ for public and private sector employers. For the private sector, they also differ when applied to a for-profit and not-for-profit entity.

Click here to read more.

SCOTUS & DOL Look at Worker Status

On June 27th, the U.S. Supreme Court declined to hear a case filed by freelance workers who challenged a California law that restricts the number of "content submissions" they can contribute to a media outlet as an independent contractor.

Three days later, on June 30th, the Court declined to hear a case filed by a trucking association challenging the same law on different grounds.

On June 3rd, the U.S. Department of Labor (DOL) announced its plan to “engage in rulemaking on determining employee or independent contractor status under the FLSA.”

What is this all about? If you use one or more IC’s, aka 1099 workers, or if you are one, head’s up!

Click here for more information.

EEOC Gives Hiring Manager a Shout Out

The U.S. EEOC referenced a hiring manager in a lawsuit the agency recently filed. But the reference was not a good one. A 62-year-old employee applied for a lateral transfer to another position closer to her home. A 33-year-old applicant who lived in another state and had less experience was hired for the position. That might have been OK, except for what the hiring manager said.

Click here to read the rest of this story.

Federal Agencies Partner to Target Employers' Antitrust Violations

On June 21st, three drivers filed a lawsuit alleging Uber and Lyft violated state anti-trust laws by colluding to fix wages they pay drivers, who are independent contractors.

On March 10th, the U.S. Department of Labor and U.S. Department of Justice announced a newly signed Memorandum of Understanding (MOU) “to protect workers from employer collusion, ensure compliance with the labor laws and promote competitive labor markets and worker mobility.”

You get the idea. Employment agreements that restrict competition, whether formal or informal, written or verbal, are under scrutiny.

Click here to read more about this trend.

Union Election Petitions Increase 57%...and That's Not All!

The National Labor Relations Act (NLRA) and National Labor Relations Board (NLRB) have been making recent headlines. Recent challenges include whether an employer’s social media policy is “overbroad” or the firing of employees who publicly criticize their employer violates the NLRA.

Last summer, NLRB General Counsel Abruzzo published a list of employment practices she would like to see the NLRB address.

More recently, on April 6th, the NLRB reported the number of petitions it received for union elections increased 57% in the first half of its 2022 fiscal year.

Click here for a quick NLRA refresher and how it impacts union-free workplaces.

What's on the Regulatory Horizon?

Spring 2022 Agenda is out!

On June 21st, the first day of summer, the unified regulatory agenda was published. Federal agencies are required by Executive Order to publish this agenda twice each year. The semiannual agenda lists all regulations under active consideration in the one-year period ahead as well as longer-term regulatory actions. The purpose is to ensure “public engagement in the process of establishing regulations.”

The U.S. Department of Labor and National Labor Relations Board published their agendas. But where is the U.S. EEOC's?