Latest Publications

Share:

Massachusetts Mandates Wage, Salary Transparency

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

NLRB Official Finds Dartmouth Basketball Players are “Employees” and Authorizes a Union Vote

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

After High Court’s Affirmative Action Rulings, Schools Must Review Admissions Policies

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

NLRB Departs from Employer-Friendly Independent Contractor Test

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

U.S. Supreme Court Makes It Easier to Sue Unions for Property Destruction

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

NLRB General Counsel Ratchets Up Effort to Prohibit Most Employment-Based Non-Competes

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

NLRB Says No to Confidentiality, Nondisparagement Provisions in Severance Agreements

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

Are Employer Uniform and Dress Code Policies Dead?

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

8/31/2022  /  Dress Codes , NLRA , NLRB , Tesla , Uniforms , Union Insignia , Unions

Philadelphia Requires Employers to Provide Paid COVID-19 Leave Through End of 2023

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

Union without an election? – NLRB’s possible return to Joy Silk Mills

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

OSHA Issues Emergency Vaccine Mandate for Employers With 100+ Employees

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

Civil Penalties May Be Coming To The National Labor Relations Act

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

NLRB’s Top Lawyer Says College Athletes Are Employees

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

Parts Of The PRO Act May Become Law Under The Reconciliation Bill

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

PRO Act: Congress Considers Fundamental Changes To Federal Labor Law

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 Eligibility Expanded Under CARES Act

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

The Coronavirus And Unionized Employees: Issues Options And Strategies

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

An Employer’s Guide To CARES Act Relief

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

Philadelphia Expands Scope Of Paid Sick Time Ordinance

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

NLRB Rejects Clause Mandating Arbitration Of All Disputes

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

Uber Drivers Are Contractors, Not Employees, NLRB Memo Says

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

Education Department Proposes Changes To Regulations Of Sexual Misconduct Investigations

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

SAG-AFTRA Takes On Sexual Harassment

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

NLRB Rules Joint Employer Test Hinges On Control Over Employment Terms

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

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide