OFCCP Updates Complaint Filing Process
The Office of Federal Contractor Compliance Programs (OFCCP) has introduced a new Pre-Complaint Inquiry Form (CC-390) as part of its complaint intake process. Employees and applicants who believe an employer doing business with the federal government has discriminated against them in employment or in applying for employment may submit either a pre-complaint inquiry or a complaint with […]
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CyberHawaii Webinar: Keep Your Business Safe From Cyber Threats, Nov. 15, 12-1 pm
It’s a fact of life for business owners: No organization is immune from cyber threats. In this webinar sponsored by CyberHawaii, the Hawai`i Defense Alliance, and the Hawai`i Department of Business, Economic Development & Tourism (DBEDT), ES&A Director Sam Sneed and Of Counsel Attorney Greg Lau will discuss: Register here for this free webinar.
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ES&A Ranked Tier 1 Hawaii by Best Law Firms 2024
Best Law Firms 2024 has ranked ES&A among Hawaii’s Tier 1 law firms for Employment Law – Management, Labor Law – Management, and Litigation – Labor & Employment. The rankings, issued by Best Lawyers®, incorporate client and peer evaluations; to be eligible, firms must have at least one lawyer recognized in the current edition of The Best Lawyers […]
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NLRB Issues New Standard for Determining Joint-Employer Status
On October 26, 2023, the National Labor Relations Board (NLRB) issued its Final Rule to determine whether multiple employers jointly employ certain employees. Multiple entities may be considered joint employers of a group of employees if each entity has an employment relationship with the employees and they share or codetermine one or more of the […]
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ELA Webinar: Labor Negotiations in U.S. Higher Education, Oct. 25
Panelists from Employment Law Alliance (ELA) firms across the country will discuss hot topics in higher education labor negotiations, including recent NLRB decisions with reference to the Cemex decision and Title IX procedures, as well as the current landscape of student workers and non-traditional employees and the ways negotiations are being handled.As the sole Hawaii member of […]
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Return to Totality of Circumstances Test for Determining Concerted Activity
On August 31, 2023, the National Labor Relations Board (NLRB) issued a decision returning to the totality of circumstances test for determining concerted activity. In Miller Plastic Products, the NLRB returned to the long-established test for determining whether an employee who intends to induce group action by fellow employees engages in protected concerted activity under Section 7 […]
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Revised Standard on Employers’ Duty to Bargain
On August 30, 2023, the National Labor Relations Board (NLRB) revised the standard on an employer’s duty to bargain before changing terms and conditions of work. In Wendt Corporation, the NLRB overruled Raytheon Network Centric Systems (2017), which had given employers greater latitude to make unilateral changes affecting a unionized workforce during a contractual hiatus or during negotiations for […]
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New Framework for Union Representation Proceedings
On August 25, 2023, the National Labor Relations Board (NLRB) issued a decision announcing a new framework for union representation proceedings. In Cemex Construction Materials Pacific, LLC, the NLRB ruled that when a union requests recognition on the basis that a majority of employees in an appropriate bargaining unit have designated the union as their representative, an […]
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New Standard for Assessing Lawfulness of Work Rules
On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard for assessing lawfulness of work rules. In Stericycle Inc., the NLRB rejected prior rulings in Boeing (2017) and LA Specialty Produce (2019) in which an employer was not required to narrowly tailor its rules to promote its legitimate and substantial business interests without unnecessarily burdening employee […]
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EEOC Proposes Updated Workplace Harassment Guide
The Equal Employment Opportunity Commission (EEOC) has posted updated Workplace Harassment Guidance for public inspection and comment through Nov. 1, 2023. The Strategic Enforcement Plan Fiscal Years 2024-2028 explains the legal standards and employer liability applicable to harassment claims under the federal employment discrimination laws enforced by the EEOC. These laws protect covered employees from harassment based on: […]
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