On September 24, 2021, the Safer Federal Workforce Task Force issued its “Guidance for Federal Contractors and Subcontractors,” (the “Guidance”) setting forth the COVID-19 safeguards that are to be required of federal...more
9/27/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Masks ,
Prime Contractor ,
Reasonable Accommodation ,
Religious Accommodation ,
Subcontractors ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden announced his administration’s “action plan” for finding a “path out of the pandemic.” President Biden has directed OSHA to develop a rule that will require all employers with 100 or more...more
9/10/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Contractors ,
Health and Safety ,
Healthcare Facilities ,
Hospitals ,
Infectious Diseases ,
Masks ,
Nursing Homes ,
OSHA ,
Private Sector ,
Rulemaking Process ,
Vaccinations ,
Workplace Safety
On August 13, 2021, the U.S. Department of Labor's Occupational Safety and Health Administration (“OSHA”) issued updated guidance on mitigating and preventing the spread of COVID-19 in the workplace. OSHA’s latest guidance is...more
8/19/2021
/ Code of Federal Regulations (CFR) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Guidance Update ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Recordkeeping Requirements ,
Reporting Requirements ,
Social Distancing ,
Tax Credits ,
Vaccinations ,
Workplace Safety
In the past few months, there have been several developments regarding California’s controversial Private Attorneys General Act (“PAGA”) and similar legislation making its way through other states.
PAGA permits workers to...more
President Joe Biden has nominated Jennifer Abruzzo, a lawyer for the Communication Workers of America union, to be general counsel of the National Labor Relations Board (the “Board”) after forcing out Peter Robb as the head...more
On September 8, 2020, the U.S. District Court for the Southern District of New York issued its opinion in New York v. Scalia et al., S.D.N.Y., No. 20-01689, vacating the Department of Labor’s (“DOL”) April 27, 2020 final rule...more
If an employer’s substance abuse policy requires employees to undergo random urinalysis drug testing, and employees sign consent forms authorizing “any testing necessary” but not specifically discussing direct observation...more
On July 28, 2020, the National Labor Relations Board (“NLRB” or the “Board”) announced another round of rule changes that would impact representation election procedures in two significant ways. We previously discussed prior...more
On July 21, 2020, the National Labor Relations Board (“NLRB” or “the Board”) issued its decision in General Motors LLC, 369 NLRB No. 127, reviving the Wright Line test and making it easier for employers to discipline an...more
The Movement for Black Lives (“M4BL”), in coalition with the Service Employees International Union, the American Federation of Teachers, United Farm Workers, and Fight for 15, recently announced the organization of a...more
The U.S. Department of Labor (“DOL”) has issued new guidance restricting when the government can seek liquidated damages, which double the amount owed by employers, to settle overtime and minimum wage investigations prior to...more
On Saturday, May 30, 2020, Judge Ketanji Brown Jackson granted summary judgment in favor of the AFL-CIO based on its challenge that the National Labor Relations Board (“NLRB” or the “Board”) was not permitted to revise rules...more
On May 31, 2020, the NLRB’s long-awaited amendments to its procedures regarding the procedure and schedule of Representation or “R” cases will become effective, revising changes that went into effect in 2014. There are a...more
On April 27, 2020, Governor Mike DeWine issued a detailed plan to begin to reopen businesses across Ohio in the hopes of increasing economic activity while managing the risks associated with the COVID-19 pandemic. The...more
On April 27, 2020, Governor Mike DeWine issued a detailed plan to begin to reopen businesses across Ohio in the hopes of increasing economic activity while managing the risks associated with the COVID-19 pandemic.
The plan...more
On March 31, the National Labor Relations Board (“NLRB”) finalized a series of rules, slated for publication on April 1, addressing union elections and recognition, which were originally proposed last August. The three parts...more
On March 27, 2020, President Trump signed into law a broad economic stimulus bill called the Coronavirus Aid, Relief, and Economic Security Act (referred to herein as the “CARES Act” or the “Act”).
The Act covers a wide...more
Over the past month, and especially in response to the growing COVID-19 epidemic, states across the country have been proposing and passing new employee benefits legislation. Much of that legislation has focused on the...more
On March 12, 2020, the California Supreme Court in Kim v. Reins International California Inc. determined that an individual employee who released his individual claims nonetheless retained standing to pursue his claims under...more
Are these the “end times”? No, but the degree of threat that Coronavirus Disease 2019 (COVID-19) poses to the world’s population keeps being debated in the print, broadcast, cable, and social media. Although the disease...more
3/9/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
NLRA ,
OSHA ,
Risk Management ,
Workplace Safety
In May 2018, the Supreme Court upheld the validity of arbitration agreements containing class action waivers in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), resolving a circuit split and ending a six-year dispute...more
The Bureau of Labor Statistics (“BLS”) released its 2019 data regarding union membership on January 22, 2020. The decline of union membership in the private sector continues. Since 1983, the number of union members has...more
Just before Christmas, the National Labor Relations Board (“NLRB”) evaluated two dress code policies limiting - but not prohibiting - employees from wearing union insignia at work. Wal-Mart Stores, Inc., 368 NLRB No. 146...more
Adding to its recent spate of employer-friendly moves, the National Labor Relations Board (the “Board”) issued a precedent-shifting decision on December 17, 2019. Apogee Retail LLC, 368 NLRB No. 144 (2019). The 3-1 decision,...more
On December 16, the final day of lone Democrat Lauren McFerran’s term, the National Labor Relations Board (“NLRB” or the “Board”) overruled a recent, Obama-era decision that required an employer to comply with its union dues...more