NLRB Embraces Stringent Review of Employer Dress Codes

On August 29, the National Labor Relations Board (NLRB or the Board) overturned a 2019 decision concerning the lawfulness of employer-promulgated dress codes and workplace apparel policies. In Tesla, Inc., the Board majority held that a workplace rule or policy that limits an employee’s ability to wear union insignia and logos is presumptively unlawful unless the employer can show that special circumstances exist to justify such a rule.

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Eleventh Circuit Concludes That President Biden Likely Exceeded Authority by Issuing Federal Contractor Vaccine Mandate

On August 26, 2022, the Eleventh Circuit held that President Biden likely exceeded his authority by issuing the federal contractor vaccine mandate and affirmed the district court’s injunction prohibiting the federal government’s enforcement of the mandate against the plaintiffs. But the court also determined that the nationwide injunction — which applied to any contractor anywhere in the United States, plaintiff or not — was a “drastic form of relief.” Accordingly, the court vacated the district court’s injunction to the extent that it bars enforcement of the vaccine mandate against contractors who are not parties to the lawsuit.

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Food and Ag Industry: Know Your Visa Options and Immigration Strategies

This article was originally published January 21, 2020, and has been updated as of August 2022.

The food and agribusiness industry includes farms, restaurants and food manufacturing, processing and storage facilities. Companies within the food and agribusiness industry seek to employ talented professionals, such as research scientists, supply chain professionals, veterinarians and engineers, to bring food to the table in a changing world. With a focus on talent, food and agribusiness companies must understand the employment-based immigration factors that affect their U.S. workforces, as talented job candidates come from all over the world. Especially in periods of low unemployment, food and agribusiness companies need to be as competitive as possible in recruiting, hiring and retaining top-level talent.

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DC Finally Prunes its Ban on Non-Competes

When initially enacted in January 2021, the District of Columbia’s Ban on Non-Compete Agreements Amendment Act was one of the broadest non-compete prohibitions in the country.  Its effective date, however, was delayed on several occasions amid widespread criticism of its comprehensive scope.  For more information about the original act and its subsequent delay, please see our previous posts on the matter here and here.  The DC Council ultimately passed a scaled back version some 18 months later.

Effective October 1, 2022, the Non-Compete Clarification Amendment Act of 2022 (the “Amended Act”) limits the scope of the initial ban by narrowing of (a) the definition of a “non-compete provision” and (b) applicability to certain highly compensated employees (“HCEs”).

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OFCCP Provides 30-day Notice Seeking Individualized Objections from Federal Contractors Before Response to FOIA Request

On August 19, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) alerted its federal contractor base that it received a request under the Freedom of Information Act (FOIA) from the Center for Investigative Reporting (CIR) for all Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Report), filed by federal contractors and first tier subcontractors from 2016-2020.  By issuing this alert, the OFCCP has met its obligation to notify contractors that it will be disclosing information unless contractors file an objection within 30-days.

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OFCCP Revises Recent Directive on Compensation Analysis

On August 18, 2022, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) revised Directive 2022-01 (DIR 2022-01) to clarify its earlier guidance addressing federal government contractors’ regulatory requirement to evaluate compensation as part of their affirmative action programming. Originally referred to as the “pay equity audit,” OFCCP Director Jenny Yang noted in her accompanying DOL blog post that the change in terminology from “pay equity audit” to “compensation analysis” was made to avoid any confusion regarding the nature of contractor obligations.

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