Posts in Employment Law
Artificial Intelligence vs. No Intelligence: DOL Issues New Field Assistance Bulletin (FAB) No. 2024-1, With Guidance On the Use of Artificial Intelligence in the Workplace

The Department of Labor has issued a new bulletin meant to reiterate the need for human supervision and responsibility over artificial intelligence software used in the workplace for compliance with the FLSA and other requirements.

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A Thumb on the Scale? Department of Labor Establishes “Partnership” with Union

The Wage and Hour Division (“WHD”) of the US Department of Labor (“DOL”) announced last week a three-year “collaborative agreement” with a union to educate workers and identify labor law violations. Is this an unfair thumb on the scale? Hopefully not, but this agreement arguably erodes the degree of independence that should accompany the Government’s enforcement of employment laws.

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Back Up the Truck – Mandatory Project Labor Agreements For Federal Construction Projects Are Here!

New rules are now issued and Project Labor Agreements (“PLAs”), which are pre-hire collective bargaining agreements with one or more labor organizations that establishes the terms and conditions of employment will be mostly mandatory for federal government construction projects of $35M or more.

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Government Proposes New Rules Regarding Compensation History and Salary Transparency

A newly proposed policy and related rules would require federal contractors to disclose the compensation and benefits they intend to furnish to job applicants. Contractors also would be prohibited from seeking or using an applicant’s salary history as part of its hiring decision. If adopted, the proposal would apply to almost all federal contractors.

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Figure it Out: Complying with the Space Requirements of the PUMP at Work Act

Enacted in late 2022, the PUMP at Work Act expanded the right of nursing mothers to reasonable breaks and appropriate space to express breast milk in the first year of a child’s life. I recently ate at a small restaurant and wondered how it might be able to provide the space for a nursing mother. Barring truly significant hardship, my advice is to just figure it out.

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One of These Things is Not Like the Other – Confusion Over the Two Different Contractor Minimum Wage Executive Orders Clauses With the Same FAR Section Number

We have two different Contractor Minimum Wage Executive Orders. One requires a $12.15 minimum wage. The other requires a $16.20 an hour minimum wage. But the curious thing is they both use the same FAR section clause number — FAR 52.225-55. Confused.? So am I.

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What the. . .? Another Arrest for Failure to Respond to DOL Subpoena

DOL recently announced that US Marshals arrested a New York restaurateur for failure to respond to a subpoena as part of a Fair Labor Standards Act investigation. This is the second such arrest in the last few months. As I said in my blog about the first arrest - things simply go better when employers take DOL investigations seriously.

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Arbitrability of Service Contract Act or Davis-Bacon Act Job Classification Disputes – Don’t Go There!

Some disputes are not meant to be litigated in court or arbitrated. One example is job classification disputes under the Service Contract Act (“SCA”) or the Davis-Bacon Act (“ DBA”). Such disputes are committed to the exclusive jurisdiction of the U.S. Department of Labor. Only DOL is supposed to decide them and then provide for administrative appeals. Don’t let your union drag you into an arbitration of job classification disputes on service and construction US government contracts.

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The Sky is Falling? Competing Proposals to Prohibit Noncompete Agreements

Noncompete agreements are under attack by recent proposals coming from the Biden Administration as well as a bipartisan group of Senators. Such clauses are standard fare for employment agreements, particularly for senior executives. However, in this world of remote work and a patchwork of state laws, a national rule might not be so bad after all. So, fear not, the sky actually might not fall if one of these proposals comes to pass.

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Help Is on the Way – Polish Your Resume to Become a Procuring Agency Labor Advisor

Just out — a White House memorandum directing all federal contracting agencies to hire labor advisors to help coordinate with DOL and comply with the laws regarding labor and employment which pertain to federal procurements. This includes especially the Service Contract Act and the Davis-Bacon Act, but also many other labor requirements and Executive Orders.

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