Topics of The Week

Unions Are a Vital Force in Advocating for Workers’ Rights

In 2024, unions remain a vital force in advocating for workers’ rights and ensuring fair labor practices. As the economy continues to evolve with the rise of remote work, gig employment, and AI-driven automation, unions play a crucial role in protecting workers from exploitation and maintaining equitable wages and benefits. They also act as a counterbalance to corporate power, providing a collective voice for employees in negotiations, addressing workplace inequalities, and safeguarding job security in an increasingly uncertain economic landscape.

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Safety in the Workplace

Workplace safety is crucial in fostering a healthy, productive environment where employees feel protected and valued. Effective safety programs involve implementing comprehensive policies, regular training, and ongoing communication to identify potential hazards. By emphasizing safety, employers not only comply with legal requirements but also reduce the risk of accidents, improve employee morale, and boost overall productivity. A proactive approach to safety ensures that all employees can perform their tasks confidently, knowing that their well-being is prioritized.

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Employment Contracts

Employment contracts serve as the foundation of the employer-employee relationship, setting the stage for the terms of engagement. These agreements typically detail crucial aspects such as job responsibilities, compensation structures, working hours, benefits, and grounds for termination. Understanding each clause is vital for employees to ensure they are treated fairly and in accordance with the agreed terms.

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NLRB Election Protection Rule

The NLRB rescinded its April 1, 2020 election rule on blocking charges, voluntary recognition and construction industry bargaining relationships and replaced it with the “Fair Choice-Employee Voice Final Rule” on July 26, 2024. With this action, the NLRB eliminated safeguards on the use of blocking charges, removed the 45-day window for employees to challenge an employer’s voluntary recognition of a union, and lowered the bar for unionizing in the construction industry. Under the new rule regional directors once again have authority to delay an election when a party to the representation proceeding requests that its unfair labor practice charge block an election,provided the request is supported by an adequate offer of proof, the party agrees to promptly make its witnesses available, and no exception is applicable. The rule takes effect September 30, 2024.

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Employee Transitions at Work

Job transitions present a range of challenges for employees, often encompassing both emotional and practical difficulties. The learning curve associated with new job responsibilities and systems can also be steep, requiring significant time and effort to achieve proficiency. Moreover, employees may experience uncertainty and anxiety about their performance and fit within the new role, potentially impacting their confidence and productivity. Effective support from employers, such as comprehensive onboarding programs and access to resources, can significantly ease these transitions and help employees thrive in their new positions. 4o

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Equity in the Workplace

Equity in the workplace is essential for fostering an inclusive and productive environment where all employees have the opportunity to succeed. It involves recognizing and addressing systemic disparities that affect underrepresented and marginalized groups, ensuring fair treatment, access to resources, and opportunities for advancement. By implementing equitable practices, such as transparent pay structures, diverse hiring processes, and inclusive policies, organizations can create a culture of respect and belonging. This not only enhances employee morale and retention but also drives innovation and overall business success. Ultimately, equity in the workplace is about creating a level playing field where every individual’s contributions are valued and rewarded fairly.

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Clean Slate Laws

Clean slate legislation is a major labor law trend on the state level. These laws seek to expand employment opportunities for individuals with a criminal record. To accomplish this, the laws allow removal of specific types of criminal records from the public court record so that employers can no longer access certain types of records during background checks.

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What You Need to Know About the Gender Wage Gap

According to the US Department of Labor, Overall, women are paid less than men. On average, women working full-time, year-round are paid 84% of what men are paid. In other words, the typical woman working full-time would need to work from January 1, 2023, until March 12, 2024, to make what the typical man working full-time made in 2023. This wage gap also persists within all major race and ethnic groups. For instance, Hispanic women ($41,137 median annual salary) make 13% less than Hispanic men ($47,420 median annual salary). This inequity is even greater for Black and Hispanic women when compared to white, non-Hispanic men.   

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Employment Discrimination

What is employment discrimination? Employment discrimination is when an employer treats an applicant or employee less favorably because of a person’s race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran.

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AI in the Workplace

AI is transforming the workplace by automating routine tasks, enhancing decision-making, and fostering innovation. With the integration of AI, businesses can optimize operations through predictive analytics, streamline customer service with chatbots, and improve employee productivity with intelligent virtual assistants. This technological shift not only reduces human error and operational costs but also allows employees to focus on more strategic and creative tasks.

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Employment and Labor Law News

Workers are starting to warm up to AI in the workplace. Read more. Three ways AI can bridge the generation gap in the workplace. Read more. The US Supreme Court confirmed a more stringent test for how requests for injunctive relief under the National Labor Relations Act. Read more. More fathers are taking paternal leave. Learn more.

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Arbitration Agreements

Arbitration is a commonly used form of resolving disputes. While voluntary agreements to arbitration have been used in commercial disputes for many years, today’s employers are utilizing a different form of arbitration known as forced arbitration. Forced arbitration occurs when an employer conditions initial employment, continued employment, or important employment benefits on the employee’s agreement to arbitrate any future claims against the employer. Think about consulting a lawyer before you sign a forced arbitration clause so that your rights are protected.

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Psychological Safety at Work

Psychological safety is gaining traction in organizations that value collaboration, risk-taking and continuous improvement. In a psychologically safe workplace, employees are empowered to express themselves without the fear of judgement and negative consequences. Listen to this podcast for more information on this important topic.

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Family Responsibility Discrimination

Family responsibilities discrimination, also called caregiver discrimination, is discrimination in the workplace based on an employee’s responsibility, real or perceived, to care for family members. Employers may discriminate based on family responsibilities when they deny employment or promotions, harass, pay less, or otherwise take negative employment action against an employee because of the employee’s family responsibilities.

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Mental Health in the Workplace

Job burnout, stress, and anxiety continue to be a challenge for employers and employees. Proactive employers are seeking ways to improve mental health in the workplace. They also understand that positive workplace mental health requires investment (i.e., time, intention and action) at all levels of an organization, including executive leadership, management and employees.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.