Workplace Rules

In this episode, Alex and Adrienne discuss Perkins Coie's newly published sixth edition of Labor Law Today—Year in Review, which summarizes the past year's most noteworthy and influential developments in traditional labor law. They delve into key topics such as the overturning of the captive audience ban, constitutional challenges to the NLRB's structure, the impact of artificial intelligence on labor laws, and the potential changes under the new Trump administration. Listen to learn more about these developments, the surprises we've already seen, and a glimpse into what the future of labor law may hold.

In this episode, Ann Marie and Chris explore labor and employment law topics under the upcoming Trump administration in 2025. They delve into the surprising pick for Labor Secretary, how labor policies are expected to change, what the new administration means for tech and AI, and what attacks on DEI are on the horizon.

In this episode, Linda and Neela explore the critical topic of sexual harassment outside the physical workplace, focusing on the case Okonowsky v. Garland. The discussion centers around how online harassment can create a hostile work environment and emphasizes employers' responsibility to investigate such complaints thoroughly. Furthermore, Linda and Neela highlight the necessity of establishing clear anti-harassment and social media policies, as well as adapting to the shifting workplace dynamics in the wake of Covid-19. Through illustrative scenarios and practical advice, the episode equips employers with knowledge regarding how to manage the nuances of online harassment effectively.

This podcast episode features Chris Wilkinson and Sopen Shah discussing the significant impact of the Loper Bright decision, which eliminated Chevron deference, on employment and labor law. The speakers delve into the implications of this decision on agency rulemaking at both federal and state levels and how it may change the way regulated parties interpret regulatory authorities. They also explore the concept of “Auer deference” and the potential fallout and future shifts in the legal landscape due to this decision.

In this episode, Kristie and Allison discuss how the U.S. Securities and Exchange Commission (SEC) scrutinizes agreements with employees under the whistleblower protection rule. Their conversation focuses on the SEC's enforcement efforts against employers based on agreements with their employees, with a particular emphasis on confidentiality agreements and their potential to impede whistleblowers.

In this episode, Ann Marie and Chris discuss what employers might expect in the run-up to the 2024 election regarding labor and employment law changes. They explore the impact of the Biden administration's regulations including an extensive discussion of the FTC's noncompete rule, the potential implications of the 2024 election, and the influence of unions on the election.

In this episode, Chris and Jeremy analyze a recent Supreme Court decision affecting anti-discrimination laws, Muldrow v. City of St. Louis case. They discuss how this ruling expands the scope of "adverse actions" in the employment context and its impact on workplace policies and diversity efforts. The episode offers crucial insights for employment lawyers and human resource professionals alike, highlighting the need for adapting to new legal challenges.

In this episode, James and Heather discuss the recent updates to Washington state's non-competition laws, which took effect on June 6, 2024. They explore the implications for employers and employees and consider the impact of an FTC rule that bans most non-competes. Key topics include the stricter scrutiny and enforcement of non-competes, revised definitions, and the effects on employee mobility and business practices.

Description: Earlier this year, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Pregnant Workers Fairness Act (PWFA) Final Rule, which has recently gone into effect. In this episode, Emily and Lara discuss the PWFA, covering the background, provisions, and implications of the law.

In this episode, Chris and Shannon explore the Davis-Bacon Act and the Service Contract Act. Listen as they cover the implications of these regulations for federal contractors and gain valuable insights into the crucial considerations that contractors must be aware of to maintain compliance.

The Federal Acquisition Regulatory Council recently issued a Proposed Rule that would require pay transparency in federal contracting. In this episode, Chris and Jeremy discuss the proposed rule in detail. They cover the implications of the rule, the current landscape of pay equity law, and the steps federal contractors may want to take to prepare for this rule.

In this episode, Shylah and Kristie discuss the implications of “no-poach” agreements from an antitrust perspective. They explore the U.S. Department of Justice's approach toward such agreements, the criminal consequences attached, and how companies have been reacting. Further, they delve into the importance of antitrust compliance training for human resources professionals and other employees.

In this episode, Chris Wilkinson updates listeners on federal and state regulation of artificial intelligence (AI). Chris discusses his article published in Bloomberg Law titled "Employers, Take Notice as the DOL Crafts White House AI Mandates," in which he explains the U.S. Department of Labor's (DOL) new responsibilities under President Biden's AI executive order addressing such issues as discrimination, immigration, and worker displacement. In addition, Chris speaks about AB 331, California's landmark proposal to regulate AI.

In part two of our series on how Americans' views of corporations are changing, Senior Counsel Chris Wilkinson is joined by Perkins Coie's persuasive communications advisor, Senior Litigation Consultant Karen Lisko, to discuss how these views are playing out in the courtroom. Karen provides insights into the impact of public perception of corporations on jury decisions, shares strategies for corporations to use when defending a case, and describes her own experience educating lawyers and judges in presenting their best case at trial.

A new law recently took effect in Washington that changes the way employers should conduct drug tests. In this Episode, Emily and Margo explain the new law, who is affected, and what steps employers may want to consider to ensure they are complying with this new law.

The U.S. Department of Labor (DOL) recently issued a final rule imposing stricter criteria for companies to classify workers as independent contractors. This rule, effective as of March 11, 2024, deviates from the previous administration's interpretation of the Fair Labor Standards Act (FLSA) and may result in more lawsuits related to misclassification. These lawsuits, if filed as collective actions under the FLSA, can have significant implications for companies. Listen to learn more about the final rule, how companies may be affected, and steps that companies should consider to ensure that they are complying with the new developments in the law.

Get a preview of the fifth edition of Perkins Coie's Labor Law Today—Year in Review report in this latest podcast episode. The speakers delve into the National Labor Relations Board and its general counsel's aggressive employee-friendly actions; explore summaries of influential decisions like McClaren McComb, Cemex, and Stericycle; and unravel the notable uptick in strike activity. Listen to this insightful episode for analysis on the evolving landscape of labor law.

Join Kristie, Paul, and Jill as they discuss several recent employment law developments in Arizona and how they may impact employers.

With the 2023 California legislative year closed, we are ready to summarize the new legislation that will affect businesses operating in the state and highlight related action items. Join us as Heather, Brittany, and Katelyn discuss key labor and employment topics from the 2023 legislative session.

Certain employers may feel the impact of recent modifications to the I-9 process, while all employers will be affected by the introduction of a new I-9 form. Eligible employers have the option to use an alternative verification method to virtually authenticate I-9 documents for their employees who were previously onboarded remotely due to COVID-19 accommodations. In addition, a new edition of Form I-9 has been released, incorporating the alternative verification process and other revisions. In this episode, KoKo and Eryne discuss important changes that employers should be aware of regarding I-9 compliance.

In this episode, Heather and Matt discuss Senate Bill 699 and provide tips on what actions employers may want to take to best serve their companies. The law, which takes effect on January 1, 2024, prohibits employers from enforcing contracts that are void under California Business and Professions Code Section 16600, even if the contracts were signed outside of California. The law also establishes a private right of action, allowing employees to sue for injunctive relief, actual damages, and attorneys fees.

Increasing adoption of video and automated technology, such as artificial intelligence (AI), in employment practices has prompted regulatory efforts. Lawmakers are now addressing growing concerns that these technologies, including advanced resumé screening software, interview video analysis algorithms, and employee surveillance devices, may perpetuate bias and lead to unfair outcomes. In this episode, Chris and Dorthy discuss the effects of AI on the labor and employment space.

In addition to ensuring returns for investors, American corporations are tasked with navigating a host of social, political, and economic hot button issues—and polls have reflected some success on this journey. In this episode of Workplace Rules, Senior Counsel Chris Wilkinson and Ani Huang, CEO of the Center On Executive Compensation and senior vice president at the HR Policy Association, discuss that success along with recent polling that forecasts choppier waters ahead. The discussion ranges from how strong corporate values can enhance engagement with customers to how workers inside businesses are affecting the overall landscape. Chris and Ani also delve into what's keeping many in the C-suite up at night as we head into the 2024 national election cycle.

In the latest episode of Workplace Rules, Dana Svendsen and Alex Pratt discuss a proposed Occupational Safety and Health Administration (OSHA) rule. This potential new rule would give a designated union representative right to accompany an OSHA inspector onto an employer worksite. Dana and Alex address the possible implications for employees and what compliance might mean for them.

In the United States, the use of noncompete agreements has been prolific and the law regarding the enforcement and use of noncompetes has been fairly steady and noncontroversial—until now. In January 2023, the Federal Trade Commission (FTC) proposed regulations that would, with only very limited exceptions, ban employers from imposing noncompete clauses on their workers and invalidate all existing noncompetes currently in effect. According to the FTC, this will affect 30 million, or one in five, American workers currently covered by a noncompete agreement. In addition, the National Labor Relations Board (NLRB) general counsel put out a memo suggesting noncompete agreements may violate the National Labor Relations Act (NLRA).

The Response of Organized Labor to Artificial Intelligence in the WorkplaceDescription: With the explosion of the use of artificial intelligence (AI) in the workplace, employers are coming up against challenges with organized labor that many employers may not have previously considered. Listen to learn how unions are reacting to the use of AI in both unionized and non-unionized workplaces.

Join Heather and Matt to learn more about the current state and utility of arbitration under California's Private Attorneys General Act (PAGA).If an employer commits Labor Code violations against a current or former employee, PAGA authorizes the employee to bring a representative action for civil penalties on behalf of the state against the employer. Questions regarding the application of class-action waivers and arbitration agreements to PAGA claims have remained a source of litigation for years.

A recent National Labor Relations Board (NLRB or the Board) decision reverts to an Obama-era standard used to determine a worker's status as an employee or an independent contractor under the National Labor Relations Act (NLRA or the Act). This is important, as employees have rights under the NLRA, while independent contractors do not.In this episode, Jill and Alex discuss the decision, events that led up to it, and how it may affect employers.

The U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin No. 2023-2 to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), passed in 2022. Now in effect in all states, the PUMP Act expands the Fair Labor Standards Act's (FLSA) workplace protections for all employees, not just nonexempt workers, who need to express breast milk.In this episode, Heather and Emily discuss the new guidance and how the DOL interprets and may enforce the PUMP Act, including available remedies for violation of any provision of the Act.

A new law recently went into effect in the State of Texas called the Texas CROWN Act, which prohibits employers, labor unions, and employment agencies from discriminating against Texas employees because of hairstyles associated with race. Listen to learn more about who the Texas CROWN Act protects, how it has changed anti-discrimination laws that existed before it was passed, and how it will affect employers in the state of Texas moving forward.

A recent decision made by the National Labor Relations Board (NLRB or the Board) reinstated setting-specific standards to determine whether employers have violated the National Labor Relations Act (NLRA or the Act) by disciplining employees for engaging in “abusive conduct” when that behavior occurred in connection with activities protected by Section 7 of the Act. Listen to learn about the decision and how it may affect employers' abilities to discipline employees in the future.

The National Labor Relations Board (NLRB or the Board) General Counsel Jennifer A. Abruzzo recently issued a memorandum, opining that noncompete agreements contained in employment agreements and severance agreements violate the National Labor Relations Act (NLRA) except in limited circumstances. Listen to learn about the General Counsel's rationale for concluding that noncompetes violate the NLRA, who this affects, and how it may impact employers.

Employers are increasingly utilizing artificial intelligence (AI) tools supplied by third-party vendors. Recently, the Equal Employment Opportunity Commission (EEOC) provided guidance indicating that, in its view, employers are generally liable for the outcomes of using selection tools to make employment decisions. Listen to learn about the EEOC's new technical guidance titled, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964,” and how the EEOC understands Title VII to apply to the use of algorithmic decision-making tools in employment decisions.

The Washington Employment Security Department (ESD) recently adopted new rules for the state's Paid Family and Medical Leave Act (PFML) regarding employer reporting requirements, child placement, and self-employment elective coverage requirements. The new rules went into effect on July 1, 2023. Listen to learn more about these new rules and what steps employers may want to consider taking to ensure they are complying with the new requirements.

The exemption for employment-related and business-to-business (B2B) data under California's privacy law expired on January 1, 2023. Without this exemption, information previously allowed to be excluded now falls within the scope of California's extensive privacy requirements, including notice and transparency, data minimization, and data subject rights requests. Listen for an overview of the now-expired exemptions and next steps on the new requirements that pertain to employment and B2B data.

The New York City Department of Consumer and Worker Protection (DCWP) adopted final rules for Local Law 144. This landmark law prohibits employers from using automated employment decision tools (AEDTs) to evaluate job candidates or employees when making employment decisions, unless certain bias audit and notice requirements are met. Enforcement of the law will begin on July 5, 2023. Listen to learn more about the final rules, who is covered by the law, which technology is implicated in the law, the law's notice and bias audit requirements, and steps employers should take to comply.

New York State Governor Kathy Hochul signed an amendment to the New York State Pay Transparency Law (NYSPTL). The law, which Governor Hochul first signed on December 21, 2022, requires employers to list compensation ranges for certain job, promotion, or transfer opportunities. The amendment clarifies some aspects of the original law, which is scheduled to go into effect on September 17, 2023. With the passage of this law, New York state joins a list of other jurisdictions, including New York City, that have recently enacted pay transparency laws. Listen to learn more about the NYSPTL, recent amendments related to this law, and answers to some of the compliance questions that may be affecting employers.

Employees alleging racism in the workplace received favorable guidance from the National Labor Relations Board (NLRB) in a recent general counsel memorandum. The NLRB's Office of the General Counsel (the general counsel) released a previously confidential advice memorandum setting forth its position that workplace discussions about racial discrimination are protected as concerted activity under Section 7 of the National Labor Relations Act (NLRA) and, therefore, employees who engage in such discussions are protected from employer retaliation under the NLRA. The NLRB's position applies not only to union organizing activity but also to a broad range of activities that frequently occur in the workplace. Listen to learn more about the general counsel's memo, examples from the case, and facts that led to this memo.

This spring, the Office of Federal Contract Compliance Programs (OFCCP) published its final order rescinding the Trump-era Religious Exemption Rule for federal contractors. This recession, which went into effect on March 31, 2023, has made it easier for religiously affiliated federal contractors and subcontractors to make employment decisions based on religion.Listen in to learn more about how this recession affects covered contractors. In this episode, we will also discuss the recent departure of the OFCCP's director and what that could mean for the agency.

Illinois Governor Jay Pritzker signed into law the Paid Leave for All Workers Act (PLFAW) on March 13, 2023, which guarantees all Illinois workers at least 40 hours of paid leave (or a pro rata amount, depending on the number of hours worked) in a 12-month period starting January 1, 2024. Employees may use the leave for any reason and are not required to provide the employer with the reason for leave, documentation, or certification as proof in support of the leave. Listen to learn more about this law, who is excluded, and other logistical requirements that employers should consider to ensure that they are complying with the new developments in the law.

California's enhanced pay data reporting requirement under SB 1162 for 100 or more employees or 100 or more workers hired through labor contractors is due May 10, 2023, for reporting year 2022. Listen to learn more about the background of the law, the new pay data reporting requirements, and what steps employers with California employees may want to take to ensure that they are complying with the new developments in the law.

Recently, in Helix Energy Solutions Group v. Hewitt, the U.S. Supreme Court ruled that a daily-rate worker who earned more than $200,000 annually was not exempt from the Fair Labor Standards Act's (FLSA) overtime requirements. In an opinion authored by Justice Elena Kagan, the Court held that compensation based on a daily rate did not satisfy the “salary basis test,” which is required for an employee to be exempt from overtime compensation. Listen to learn more about the Helix Energy Solutions Group v. Hewitt case and how employers can comply with the FLSA moving forward.