January 05, 2023

Labor and Employment Newsletter

3 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.


New York's Lawful Absence Law

On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B. The Law amends §215 of the New York Labor Law to "clarif[y] that workers shall not be punished or subjected to discipline by employers for lawful absences." Specifically, the Law prohibits employers from "assessing any demerit, occurrence, or any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action" stemming from the use of "any legally protected absence under federal, local, or state law."

There’s a New Remedy in Town: NLRB Adds Consequential Damages as a Remedy for Unfair Labor Practices

On December 13, 2022, in a 3-2 decision, the National Labor Relations Board added consequential damages as a “make-whole” remedy for unfair labor practices, expanding the relief available to workers. Although employers that violated the National Labor Relations Act were traditionally required to pay make-whole remedies to employees, these remedies were limited to actual wages lost because of an employer’s unfair labor practices. Some examples of traditional make-whole remedies included lost benefits, reinstatement, and back pay. The addition of consequential damages as a make-whole remedy will require employers that violate the NLRA to compensate employees for all direct or foreseeable financial harms suffered as a result of the employer’s unfair labor practices.

GPT Education Roundup: Accessible AI Presents New Potential Challenges for IHEs

Publicly available artificial intelligence programs and applications, and the tasks they can perform, have been gaining much more attention lately. This is a transformative and evolving area of technological advancement. Of course, with these advancements, and the increased private-individual accessibility, come new challenges in myriad industries. For institutions of higher education, AI software presents a potential challenge for admissions and academic departments where the authenticity of an applicant's or student's writing could be called into question.

Attorney Spotlight

Jacob PolceJake Polce: I was drawn to the practice of labor and employment law because of the opportunity to help organizations of all sizes navigate the ever-changing employment landscape. As the workplace continues to evolve, I am excited to be a part of a team dedicated to helping our clients tackle the “hot” employment issues of the day and solve complicated problems in ways that are aligned with their business goals and organizational culture.

About the Labor and Employment Group

The bicoastal, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.