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NLRB Establishes New Restrictions on Severance Agreements

The National Labor Relations Board (NLRB) has ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act when the employer uses employee severance agreements with provisions restricting employees’...more

NLRB Proposes Changes to Election Blocking Charge Rule, Voluntary Recognition Bar Doctrine, and Construction Industry Bargaining

The National Labor Relations Board (“NLRB”) has issued a Notice of Proposed Rulemaking (“NPRM”) inviting public comment on a proposed rule that would rescind and replace an April 2020 rule which currently governs: 1) the...more

11/10/2022  /  NLRB , Proposed Rules , Public Comment , Unions

NLRB Announces Proposed New Joint Employer Rule

Yesterday, the NLRB published a proposed rule designed to rescind and replace the Trump-era rule used to determine whether two companies are joint employers under the NLRA. Under the rule adopted during the Trump...more

9/9/2022  /  Joint Employers , NLRA , NLRB , Proposed Rules

OSHA Plans Inspections of Region 3 Warehouse Establishments  

Effective last week, the Occupational Safety and Health Administration’s (OSHA) Region 3 Administrator, whose jurisdiction covers PA, DE, MD, VA, WV, and Washington DC, released a Regional Emphasis Program (REP) for...more

EEOC Updates Its COVID-19 Related Technical Guidance Amid New Trends

On July 12, 2022, the EEOC again revised its technical assistance questions and answers related to the COVID-19 pandemic and the application of the Americans with Disabilities Act (ADA) and other federal equal employment...more

OSHA Permanent Safety Regulations for Healthcare on the Horizon

Originally published in June of last year, and as reported by Ballard Spahr here, the OSHA Healthcare Emergency Temporary Standard (“ETS”) set safety requirements for health care and health care support service workers in...more

Supreme Court Weighs In On Retirement Plan Sponsor Duties Under ERISA

This week, in Hughes et al. v. Northwestern University et al., the U.S. Supreme Court held that the Employee Retirement Income Security Act (ERISA) imposes a duty of prudence on fiduciaries that includes a continuing duty to...more

Biden’s Vaccine Mandates For Federal Contractors and Health Care Workers Are Halted

The Biden Administration’s action plan to overcome the pandemic saw major setbacks this week as courts around the country halted the administration’s mandatory COVID-19 vaccination policies for federal contractors and...more

The Infrastructure Bill Passed, but What About the Social Spending Bill?

On Monday, November 15, after Congress passed a $1 trillion infrastructure bill, President Biden signed it into law. This law will pour billions into roads and bridges, transit, broadband services, airports, waterways and...more

Department of Labor Announces Dual Jobs Rule for Tipped Employees

The Department of Labor (“DOL”) announced publication of the Dual Jobs final rule. This rule finalizes the DOL’s proposal to withdraw one portion of the Fair Labor Standards Act (“FLSA”) tip rule that was finalized in 2020....more

EEOC Supplements Guidance on Religious Objections to Workplace Vaccine Mandates

On Monday, as it has done periodically throughout the pandemic, the Equal Employment Opportunity Commission (“EEOC”) updated its now-lengthy technical assistance related to COVID-19. This new guidance comes as U.S. employers...more

COVID NEWS – DOJ Says Vaccine Mandates Not Prohibited by EUA Law and CDC Updates Mask Guidance for the Vaccinated

Below are a number of significant developments related to COVID-19 that impact businesses of all sizes, across industries...more

President Biden Announces White House Task Force on Worker Organizing and Empowerment

On April 26, 2021, President Biden signed an executive order establishing the “White House Task Force on Worker Organizing and Empowerment” (the “Task Force”), which will be dedicated to mobilizing the federal government’s...more

NLRB Finds Elon Musk Tweet and Tesla Confidentiality Agreement Violated Employee Rights

The National Labor Relations Board (NLRB or Board) recently held that Tesla Inc. and CEO Elon Musk violated the National Labor Relations Act (NLRA) by infringing on employees’ protected rights through a tweet, and through an...more

4/8/2021  /  Elon Musk , Employee Rights , NLRA , NLRB , Tesla

Federal Judge Strikes Down NJLAD Waiver of Rights Provision

Last Thursday, Judge Anne Thompson found unconstitutional a portion of the New Jersey Law Against Discrimination (NJLAD). The ruling specifically addresses the provision in the NJLAD that was added in March 2019, discussed...more

President Biden Signs American Rescue Plan Act of 2021

On March 11, 2021, President Biden signed the American Rescue Plan Act. At $1.9 trillion, it is the second largest stimulus bill in legislative history. The ARP includes labor-related spending initiatives important to both...more

ARP: Labor and Employment Measures

Summary - The $1.9 trillion American Rescue Plan (ARP) is the second largest stimulus bill in legislative history and includes labor-related spending initiatives, an extension of unemployment benefits, COBRA subsidies, an...more

Pennsylvania Governor Signs New Orders On Events and Gatherings and Out-of-State Travel

On March 1, 2021 the Wolf administration announced statewide loosened event and gathering restrictions and lifted out-of-state travel restrictions. Governor Wolf stated in the press release “Pennsylvania is taking a measured...more

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