During the 2023 federal fiscal year, the National Labor Relations Board (NLRB) received a three percent increase in union petitions over the previous fiscal year and a ten percent increase in unfair labor practices. As a result, various labor strikes and NLRB decisions significantly affected labor relations throughout the year, as shown by the following events.
Big Labor Strikes Major
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Employee’s Job Transfer May Have Been Age Discrimination
A California appeals court recently overturned a trial court’s dismissal of an employee’s age discrimination claim, finding that his job transfer may have constituted a demotion. Although the employer claimed that the man had voluntarily accepted a new position, some evidence indicated that the man had been involuntarily demoted. The case is Ilaga v. The Permanente Medical Group, Calif. Ct.…
Reverse Bullying: When Subordinates Intimidate Their Managers
Although managers are typically well-trained on harassment, discrimination, and bullying in the workplace, reverse bullying – which occurs when subordinates are intimidating and defiant toward their managers – is a less-discussed subject. Sometimes, managers become unwilling or fearful to hold employees accountable for their actions, creating an unwelcoming work environment for everyone involved.
When reverse bullying occurs, staff members question…
EEOC, DOL Issue 2024 Regulatory Agendas
As part of the Biden administration’s Fall 2023 Regulatory Plan, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Labor (“DOL”) have released their 2024 regulatory agendas.
EEOC Regulatory Agenda
The EEOC identified nine pending items in its Fall 2023 Regulatory Agenda; five are at the proposed rule stage, and four are at the final rule stage.…
Supreme Court’s Affirmative Action Decision Resulting in Shifts in IE&D Programs in the Workplace
Only a few months after the U.S. Supreme Court issued its historic decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, which prohibited affirmative action in higher education, workplace inclusion, equity, and diversity (“IE&D”) programs are feeling the impact. Although the ruling is inapplicable to private employers, companies nonetheless are considering the decision as…
Big Labor Victories Likely to Lead to More Organizing in 2024
After big deals were reached in 2023 by the United Auto Workers (UAW) with Ford, General Motors, and Stellantis, and the Teamsters with UPS, big labor is likely to proceed with more labor organizing efforts in 2024. Kaiser Permanente employees also successfully unionized, which could lead to the unionization of other healthcare workers. Currently, the Teamsters are looking to organize…
How to Handle Employee Absenteeism
While employee absences are a part of any workplace, unexcused or chronic absenteeism can quickly become problematic when employers fail to address it. This situation can lower employee morale as other team members must take on additional work, and the lack of staffing can lead to missed deadlines, poor work quality, and an inability to meet incentives or goals. As…
Employers Must Pay Overtime Pay Under FLSA for Known Work Even if Employees Fail to Request It Specifically
The U.S. Court of Appeals for the Second Circuit recently ruled that an employer must compensate an employee for all work that it is aware that an employee performs, regardless of whether the employee requests overtime compensation. Although whether an employee reports overtime work may be relevant to whether an employer is aware that the employee has worked overtime, it…
Former FBI Agent Files Discrimination Claim Alleging Sexual Harassment and Hostile Work Environment
A former FBI agent has filed suit in an Indiana federal court claiming sexual harassment and a hostile work environment while working in the Indianapolis field office. The case is Rachwalski v. Garland et al., case number 1:23-cv-02138, U.S. District Court for the Southern District of Indiana.
According to the suit, Alexis Rachwalski worked at the FBI’s Indianapolis field office…
NJ Hospital Urges State Supreme Court to Overturn $26M Verdict
Valley Hospital recently argued before the New Jersey Supreme Court to overturn a $26 million verdict that a jury awarded the North Jersey Brain and Spine Center (NJBSC) and its 11 neurosurgeons following a four-week trial. According to the hospital, the neurosurgeon group failed to state a claim upon which relief could be granted, and the trial court should have…