The United Auto Workers (UAW) made history by winning its first unionization vote at a Volkswagen factory in Chattanooga, Tennessee. The final tally was 2,628 to 985, a stunning 73% of eligible employees voted in favor of...more
On Wednesday, April 17, 2024, the United States Supreme Court provided an opening for workers to allege employment discrimination claims regarding job transfers based on sex, race, religion, or national origin. In Muldrow v....more
4/23/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Discrimination ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The National Labor Relations Board (“NLRB”) issued its 2023 rule to determine joint employer status entitled “Standard for Determining Employer Status” on October 26, 2023 (the “2023 rule”). This topic was previously covered...more
On October 26, 2023, the National Labor Relations Board (“NLRB”) issued its final rule entitled “Standard for Determining Employer Status.” This rule comes a little over three years after the NLRB released a rule in April...more
10/31/2023
/ Employer Liability Issues ,
Final Rules ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Wage and Hour
On August 25, 2023, the National Labor Relations Board (“NLRB”) reversed decades of established law with the release of its decision in Cemex Construction Materials Pacific LLC (“Cemex”), NLRB Case No. 28-CA-230115. Cemex...more
On August 18, 2023, the full Fifth Circuit Court of Appeals expanded the range of negative employer actions that can serve as a basis for an employment discrimination lawsuit. This decision overruled established precedent...more
8/24/2023
/ Anti-Discrimination Policies ,
Appeals ,
Civil Rights Act ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Job Promotions ,
Policies and Procedures ,
Title VII ,
Wage and Hour
On August 2, 2023, the National Labor Relations Board (“NLRB”) issued a new legal standard to determine whether an employer’s workplace policy is “facially unlawful” under Section 8(a)(1) of the National Labor Relations Act....more
For years, confidentiality and non-disparagement clauses have been integral parts of any agreement where the employer agrees to pay the departing employee a severance. These types of provisions protect the employer on two...more
3/6/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Labor Reform ,
NLRB ,
Non-Disparagement Provisions ,
Severance Agreements
After the past few years have heightened feelings of stress and isolation for so many people, and with the seemingly continuous news cycle of incidents of mass violence, mental health has taken a much-needed place in the...more
Employers across the country were provided guidance on vaccine mandates by the United States Supreme Court (“SCOTUS”) last week. In a 6-3 decision, SCOTUS blocked the Department of Occupational Safety and Health...more
The White House released a Fact Sheet on November 4, 2021, aimed at covered federal contractors announcing they now have until January 4, 2022 for their covered employees to obtain their final vaccination dose. Under...more
11/18/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Deadlines ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Time Extensions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 9, 2021, President Biden announced several “Path Out of the Pandemic” initiatives designed to increase vaccination rates through workplace vaccine mandates. While the “splashiest” announcement–with potentially...more
10/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Covered Entities ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Vaccinations ,
Workplace Safety
* The Occupational Safety and Health Administration (OSHA) has disseminated an Emergency Temporary Standard (ETS) designed to impact and protect healthcare workers most likely to have contact with someone infected with the...more
6/17/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health ,
Regulatory Standards ,
Vaccinations ,
Workplace Safety
On April 27, 2021 President Biden issued Executive Order No. 14026 (the “Executive Order”) increasing the minimum wage for federal contractors. Starting January 30, 2022, all executive branch agencies must incorporate a $15...more
5/7/2021
/ Biden Administration ,
Contract Solicitation ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
Federal Contractors ,
Minimum Wage ,
Service Contract Act ,
State Procurement Contracts ,
Wage and Hour
On January 21, 2021, President Biden issued an Executive Order on Protecting Worker Health and Safety directing the Assistant Secretary of Labor for Occupational Safety and Health to issue science-based guidance for...more
2/1/2021
/ Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Executive Orders ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Secretary of Labor ,
Social Distancing ,
Vaccinations ,
Workplace Safety
The U.S. Department of Labor (DOL), Office of Federal Contract Compliance Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC) entered into a Memorandum of Understanding (“MOU”) to further the objectives of...more
Employers will continue having to address concerns related to COVID-19 in the workplace as far into the future as one can predict. Of immediate concern to Employers is curtailing the spread of COVID-19 in the workplace. One...more
The Families First Coronavirus Response Act (FFCRA), including the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLA) was enacted on March 18, 2020. As outlined in prior...more
I. BACKGROUND AND GENERAL GUIDANCE -
On January 31, 2020, Health and Human Services Secretary Alex M. Azar II declared a public health emergency (PHE) for the United States to aid the nation’s healthcare community in...more
COVID-19 is already impacting employers and that impact will be ongoing. As the situation regarding COVID-19 continues to evolve, we will continue to monitor frequently asked questions and prepare our best answers with the...more
3/17/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Response ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Pending Legislation ,
Telecommuting ,
Wage and Hour ,
Workplace Safety
On January 31, 2020, Health and Human Services Secretary Alex M. Azar II declared a public health emergency (PHE) for the United States to aid the nation’s healthcare community in responding to COVID-19. Although the threat...more
3/5/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Emergency Response ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Public Health ,
Risk Mitigation ,
State of Emergency ,
Traveling Employee ,
Workplace Safety