On August 9, 2024, the NLRB denied Pardee RAND Graduate School’s (“RAND”) request for review of a regional director’s Decision and Direction of Election (DDE) finding that a petitioned-for unit of graduate policy researchers...more
Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about...more
8/27/2024
/ Colleges ,
Disclosure Requirements ,
Educational Institutions ,
Employment Records ,
FERPA ,
NLRA ,
NLRB ,
Student Privacy ,
Students ,
Unions ,
Universities
As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more
7/31/2024
/ Blocking Statutes ,
Collective Bargaining ,
Construction Workers ,
Employer Liability Issues ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
In response to thousands of agency complaints it received in 2023, the New York State Department of Health (NYSDOH) issued guidance to hospitals on March 26, 2024, regarding compliance with recent legislation on clinical...more
Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more
4/16/2024
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
NLRA ,
NLRB ,
Statutory Interpretation ,
Surveillance ,
Unfair Labor Practices ,
Unions
The U.S. Court of Appeals for the D.C. Circuit sent an unfair labor practice case back to the National Labor Relations Board (NLRB) because the agency failed to consider the contract-based defenses of an employer accused of...more
On March 1, 2024, the U.S. Court of Appeals for the D.C. Circuit clarified the rules that apply when employers distribute information and observe employees during union campaigns. The court found that a New York-based...more
On December 8, 2023, National Labor Relations Board (the “Board”) General Counsel Jennifer Abruzzo issued a Guidance Memorandum (“GC 24-02”) describing the practical impact of the 2023 final rule amending federal regulations...more
In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an...more
9/12/2023
/ Collective Bargaining ,
Corporate Counsel ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
Labor Relations ,
NLRA ,
NLRB ,
Terms and Conditions ,
Unions
On August 24, 2023, the National Labor Relations Board (the “Board”) issued a final rule (the “2023 final rule”) amending the federal regulations that govern representation election procedures. The 2023 final rule is the...more
Provisions included in a must-pass budget bill will make significant changes for Connecticut hospitals. These changes, which were embedded in the nearly 900-page Public Act 23-204 signed into law on June 12, 2023, revise...more
7/31/2023
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Healthcare ,
Healthcare Workers ,
Labor Reform ,
Labor Relations ,
Nurse Practitioners ,
Nurses ,
Over-Time ,
Unions ,
Wage and Hour
On June 12, 2023, Governor Ned Lamont signed legislation that imposes significant burdens on Connecticut hospitals concerning nurse staffing plans, staffing committees, reporting requirements, civil penalties for...more
While President Biden says he is the most pro-union president in history, many legislators in Connecticut seem determined to make theirs one of the most pro-union states. Although proponents have failed so far in annual...more
In RAV Truck & Trailer Repairs, Inc., 372 NLRB No. 25 (Dec. 14, 2022), the National Labor Relations Board (NLRB) issued a supplemental decision in a case that will have implications for unionized employers seeking to close...more
2/13/2023
/ Business Closures ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Labor Law Violations ,
NLRA ,
NLRB ,
Statutory Violations ,
Supplemental Review ,
Unfair Labor Practices ,
Union Membership ,
Unions
On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more
11/11/2022
/ Blocking Power ,
Collective Bargaining ,
Comment Period ,
Employee Rights ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
NPRM ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Union Elections ,
Unions
In early August, the New York State Department of Health (DOH) announced and opened the New York Health Care Worker Bonus (HWB) Program, which provides $1.2 billion dollars in health care worker bonuses to eligible employees....more
9/1/2022
/ Bonuses ,
Compensation & Benefits ,
Essential Workers ,
Health Care Providers ,
Healthcare ,
Healthcare Workers ,
Labor Reform ,
Medicaid ,
New York ,
State Funding ,
Vesting ,
Wage and Hour
On August 3, 2022, New York Governor Kathy Hochul announced the opening of the $1.2 billion dollar Health Care and Mental Hygiene Worker Bonus Program aimed at rewarding and retaining frontline healthcare and mental hygiene...more
On June 15, 2022, in Rieth-Riley Construction Co., Inc., 371 NLRB No. 109, the National Labor Relations Board reaffirmed that regional directors have authority to dismiss representation and decertification petitions if the...more
7/11/2022
/ Administrative Hearings ,
Administrative Merits Determinations ,
Collective Bargaining ,
Federal Labor Laws ,
Labor Relations ,
NLRA ,
NLRB ,
Petition for Review ,
Regulatory Authority ,
Successors ,
Unfair Labor Practices ,
Unions
On April 29, 2022, organized labor achieved a long-sought political objective when the Connecticut House of Representatives passed Senate Bill 163, “An Act Protecting Employee Freedom of Speech and Conscience.” Effective July...more
5/4/2022
/ Collective Bargaining ,
Connecticut ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
First Amendment ,
Labor Reform ,
Labor Relations ,
Pending Legislation ,
State Labor Laws ,
Union Elections ,
Union Organizers ,
Unions
In Piedmont Health Services, Inc. and Piedmont Health Services Medical Providers United, Case No. 10-RC-286648, Region 10 of the National Labor Relations Board (Region) issued a Decision and Direction of Election (DDE) in...more
4/12/2022
/ Collective Bargaining ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Physicians ,
Union Elections ,
Unions
Connecticut recently legalized recreational marijuana use by adults. The new law creates complex employment protections for recreational marijuana users. The same legislation also includes provisions that strongly encourage...more
9/21/2021
/ Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Employer Liability Issues ,
Employment Contract ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Marijuana Related Businesses ,
NLRA ,
NLRB ,
Preemption ,
Union Organizers ,
Unions
On August 26, 2021, the New York State Department of Health’s Public Health and Health Planning Council (PHHPC) approved emergency regulations that institute a broad vaccine mandate for New York healthcare facilities. ...more
8/31/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On August 6, 2021 Governor Lamont issued Executive Order No. 13B mandating vaccination of all employees working at long-term care (LTC) facilities throughout Connecticut....more
8/9/2021
/ Coronavirus/COVID-19 ,
Executive Orders ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Long Term Care Facilities ,
Nursing Homes ,
Vaccinations ,
Workplace Safety
On June 22, 2021, Governor Andrew M. Cuomo signed legislation (S.1168-A / A.108-B) requiring the establishment of clinical staffing committees in general hospitals. The staffing committees will be composed of registered...more
6/29/2021
/ Coronavirus/COVID-19 ,
Executive Orders ,
Governor Cuomo ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Infectious Diseases ,
New Legislation ,
Nurses ,
Physicians ,
Public Health
Introduction -
Many employers are hopeful that a vaccine for COVID-19 will be the silver bullet that will enable employers to return to some semblance of a pre-COVID workplace. Assuming a vaccine is developed, can an...more
9/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Free Speech ,
Infectious Diseases ,
NLRA ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Title VII ,
Vaccinations