Massachusetts employers with 25 or more workers will soon be required to include pay ranges in all job postings under a new state law aimed at increasing salary transparency. The Commonwealth joined the wave of states and...more
In a hotly contested case, the NLRB regional director for the region covering most of New England has found that Basketball Players at Dartmouth are the university’s “employees” under the National Labor Relations Act. They...more
The pair of highly anticipated affirmative action decisions handed down by the U.S. Supreme Court this week will immediately affect admissions policies at institutions of higher education across the nation. Any institution...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Harvard University ,
Race Discrimination ,
SCOTUS ,
Students ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
The National Labor Relations Board, in its decision in The Atlanta Opera, Inc., has modified its standard for determining whether a worker is an employee or independent contractor under the National Labor Relations Act (the...more
The U.S. Supreme Court recently decided in Glacier Northwest, Inc. v. Int’l Bhd. of Teamsters Local Union No. 174, No. 21-1449 (June 1, 2023), that the National Labor Relations Act (NLRA) does not prohibit certain claims...more
Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (NLRB), has called for non-compete agreements to be curtailed on a nationwide basis for a large swath of employees. In a recent memorandum – which is...more
The National Labor Relations Board issued another ground-breaking decision on February 21, 2023, ruling that confidentiality and nondisparagement agreements commonly included in employment severance agreements may be deemed...more
The National Labor Relations Board ruled on August 29, 2022 that workplace policies restricting or limiting employees’ wearing of union apparel are unlawful unless the employer can demonstrate the existence of “special...more
Philadelphia employers with 25 or more employees must provide up to 40 hours of additional paid sick leave to eligible employees when they are unable to work for certain COVID-19 related reasons, under the third installment...more
Employers across the country may, in the near future, face a unionized workforce even though their employees are denied the opportunity to vote in a secret ballot election. Under current law, an employer presented with...more
The Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) mandating that all employers with 100 or more employees must require COVID-19 vaccination or weekly testing by January 4,...more
11/5/2021
/ Comment Period ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employer Mandates ,
Immunization Records ,
Masks ,
Medical Records ,
OSHA ,
Posting Requirements ,
Remote Working ,
Reporting Requirements ,
Vaccinations ,
Virus Testing
If enacted into law, the so-called Build Back Better reconciliation package (“BBB”) will drastically expand the remedial power of the National Labor Relations Board (“NLRB”) effective January 1, 2022. The BBB incorporates...more
In a recent guidance memorandum, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board, has announced her intention to consider college athletes as employees under federal labor law. The implications...more
According to news reports, the upcoming budget reconciliation bill will likely contain some portions of the PRO Act, which is a piece of proposed pro-union legislation. As detailed in a prior post, the PRO Act would...more
Congress may be on the cusp of passing legislation that would transform labor law in dramatic ways. This proposed law has potentially dire consequences for private-sector employers nationwide.
The Protecting the Right to...more
Unemployment compensation will be vastly expanded under the CARES Act. The law includes provisions that focus on individual recipients, expanding eligibility for unemployment benefits and increasing the amount of those...more
Private sector employers with unionized employees and even non-union employees must be especially careful when addressing certain workforce concerns connected with the coronavirus outbreak. Below, we will address common...more
On March 27, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security in its effort to respond to the COVID-19 pandemic. The CARES Act provides various forms of economic assistance to employers to address the...more
3/30/2020
/ Business Closures ,
Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Federal Loans ,
Financial Stimulus ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Relief ,
Unemployment Insurance
Invoking emergency powers, Philadelphia has dramatically expanded coverage under the city’s Paid Sick Time Ordinance to address issues related to the COVID-19 pandemic. It now extends to workers who are in self-quarantine or...more
The National Labor Relations Board recently invalidated an arbitration agreement that would require employees to arbitrate all “all claims or controversies” with their employer, holding that such a provision would unlawfully...more
Since the emergence of the “gig economy” in the last decade, courts and government agencies have grappled with the question of whether gig workers should be classified as employees or contractors. The answer to that question...more
School administrators may want to find time over the upcoming holiday season to review the proposed regulations issued by the U.S. Department of Education governing sexual misconduct. While the proposed regulations are open...more
In response to the numerous allegations of pervasive sexual harassment in the entertainment industry, SAG-AFTRA, the union representing performers, recently adopted a “Code of Conduct” for handling sexual harassment claims...more
The National Labor Relations Board has ruled that the test for determining whether a joint employer relationship exists hinges on whether the entities have “direct and immediate control” over employment terms. In doing so,...more