NLRB's Joint Employer Rule Poised to Take Effect After Second Delay

Last month's newsletter reported that implementation of this rule was delayed from December 26, 2024, to February 26, 2024. It was delayed again and is now scheduled to take effect March 11, 2024.

SCOTUS Rules on SOX Whistleblowers' Burden of Proof

An employee reports a belief that two coworkers are engaged in illegal and unethical workplace conduct. The whistleblower is subsequently fired. When he sues for unlawful retaliation, what is his burden of proof? Must he show that his whistleblowing was a factor in his discharge or the factor?

What Goes Up...It's Time for OSHA Posting

If you employ at least 11 employees and are not otherwise exempt, you should have posted your OSHA 300-A by February 1st.

In addition, some employers in high-hazard industries have electronic filing requirements. Electronic reports must be filed by March 2, 2024.

Employer Faces Double Whammy:

Joint Employer Status Brings NLRA Violation

A court recently upheld a National Labor Relations Board decision that a non-union employer (1) was a joint employer with a staffing firm; and (2) violated the NLRA when it let a temp worker go after he was "griping" about suspected race discrimination.