- Posts by Mianda K. BashalaAssociate
Mianda Bashala is an associate in the firm’s Labor & Employment Group where she helps clients meet their business objectives and minimize liability through the effective application of labor and employment laws. Her practice ...
On February 21, 2023, the National Labor Relations Board (NRLB or the “Board”) issued a decision in Mclauren Macomb, 372 NLRB No. 58 (2023), holding that severance agreements that contain broad confidentiality and/or non-disparagement provisions violate Section 7 of the National Labor Relations Act (NLRA or the “Act”) because they tend “to interfere with, restrain or coerce employees’ exercise of the rights guaranteed in Section 7” of the Act. Section 7 of the NLRA guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection,” as well as the right “to refrain from any or all such activities.”
On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor classification under the Fair Labor Standards Act (FLSA).
In January 2022, the New York City Council amended the New York City Human Rights Law (NYCHRL) to require employers advertising in New York City to include a good faith salary range for every job, promotion, and transfer opportunity advertised. Advertisement is defined as a written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants, including, but not limited to, posting on internal bulletin boards, internet advertisements, printed flyers distributed at job fairs, and newspaper advertisements.
On September 27, 2022, California Governor Gavin Newsom signed Senate Bill (SB) 1162 into law. This law builds upon and expands the existing SB 973, a 2020 law, which requires employers with 100 or more employees to submit pay data reports to the California Department of Fair Employment and Housing.
Effective January 1, 2023, employers with 100 or more employees will be required to submit pay data reports to the Civil Rights Department within the Business, Consumer Services, and Housing Agency on or before the second Wednesday of May 2023, and for each year thereafter. This requirement ...
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Recent Posts
- The Practical Employment Law Podcast: What is a Whistleblower and Why Should You Care?
- The Practical Employment Law Podcast: FMLA Traps for Employers
- The Practical Employment Law Podcast: Artificial Intelligence and Employment Law
- U. S. Supreme Court Clarifies Standard for Workplace Religious Accommodations
- The Practical Employment Law Podcast: Non-Compete Agreements Under Attack
- New NLRB General Counsel Guidance Threatens Ability to Enforce Non-Compete Agreements
- The Practical Employment Law Podcast: Exploding 5 Employment Law Myths
- The Practical Employment Law Podcast: The Economics of Employment Law
- NLRB Issues Guidance on the Recent Mclauren Macomb Decision
- The Practical Employment Law Podcast: Thoughts On Workplace Violence