December 01, 2022

Labor and Employment Newsletter

2 min

We Want to Hear from You

What legal issues are keeping you up at night?

We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.


The EEOC Is Bulldozing Its Way Through the Construction Industry

The U.S. Equal Employment Opportunity Commission (EEOC) has a new target—the construction industry. During a public hearing earlier this year, the EEOC accused the construction industry of perpetuating a culture of racism and sexual harassment. EEOC Chair Charlotte A. Burrows described the industry as "traditionally white and male dominated," and said that the EEOC is trying to rectify the history of discrimination that has prevented women and people of color from "thriv[ing] in these careers."

Recent DOJ Memo on Corporate Criminal Enforcement Highlights Critical Considerations for Employers

On September 15, 2022, the Department of Justice (DOJ) released a long-anticipated memo announcing changes to its corporate criminal enforcement policies. The Memo contains helpful guidance for employers, outlining critical considerations for minimizing liability and protecting employers from potential government investigations of alleged corporate criminal activity.

Electronic Monitoring in the Workplace: NLRB General Counsel Tips the Scale Toward Broadening the Scope of Employee Protections

The COVID-19 pandemic and the attendant shift toward remote work, together with recent technological advances, have drastically expanded the reach of employers' capacity to manage and monitor employees both in and outside of the workplace. As we previously wrote, while electronic monitoring helps employers keep an eye on employee productivity, promote a safe and secure work environment, and enforce workplace policies, employers must also consider federal and state laws to minimize the legal risks of electronic workplace monitoring.

Education Roundup: An Independent Schools' Guide to Vendor Contract Management

Independent schools often contract with vendors to support the school's operations and delivery of its curriculum and programming, including transportation providers, food service, cleaning and facilities maintenance, after-school programming, and travel companies. It is wise for independent schools to carefully review and consider the following provisions of any vendor agreement.