The COVID-19 pandemic and its sharp impact on the U.S. economy has presented a unique set of issues for employers with union-represented employees, including not only those employers that are parties to collective bargaining...more
On March 27, 2020, NLRB General Counsel John Ring issued General Counsel Memorandum 20-04, entitled “Case Summaries Pertaining to the Duty to Bargain in Emergency Situations” providing employers with guidance “regarding the...more
On the heels of guidance regarding when the duty to bargain may be suspended or modified during the COVID-19 pandemic, the National Labor Relations Board (“NLRB” or “Board”) finalized rulemaking today that changes three...more
As summer winds down, the challenges impacting health care employers in 2019 continue to heat up. These challenges include ongoing developments regarding marijuana legalization, employee resistance to vaccination mandates,...more
8/30/2019
/ Americans with Disabilities Act (ADA) ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Workers ,
Individual Mandate ,
Marijuana ,
OSHA ,
Tax Cuts and Jobs Act ,
Workplace Safety ,
Workplace Violence
On April 9, 2019, a proposed bill, Int. 1445-A (“Bill”), which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana), was passed by the New...more
4/17/2019
/ Collective Bargaining Agreements (CBA) ,
Department of Transportation (DOT) ,
Drug Testing ,
Drug-Free Workplace Act ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Mayor de Blasio ,
OSHA
The first quarter of 2018 has already stirred up an array of legal matters that employers in the hospitality industry should be conscious of, both in their day-to-day operations and long-term planning. In February alone, the...more
3/30/2018
/ #MeToo ,
Americans with Disabilities Act (ADA) ,
Change of Ownership ,
Department of Labor (DOL) ,
Disability Access Claims ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Pilot Programs ,
Hospitality Industry ,
Proposed Legislation ,
Restaurant Industry ,
Sex Discrimination ,
Sexual Harassment ,
Title VII ,
Wage and Hour
In the months following Donald Trump’s inauguration, those interested in the National Labor Relations Board (“NLRB” or “Board”) waited anxiously for the new President to fill key positions that would allow the Board to...more
Almost ten months into the Trump Administration, the executive and legislative branches have been preoccupied with attempting to repeal and replace the Affordable Care Act (“ACA”) – but each attempt has thus far proved...more
11/1/2017
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Gender Identity ,
Health Care Providers ,
Health Insurance ,
Interactive Process ,
Non-Discrimination Rules ,
Restrictive Covenants ,
Section 1557 ,
Sexual Orientation Discrimination
Legal compliance is a challenging endeavor, especially in the hospitality industry, where owner/operators must focus on meeting their business objectives, staying competitive, and growing in their respective markets. In...more
3/30/2017
/ Asset Purchaser ,
Data Breach ,
Defense Strategies ,
Hospitality Industry ,
Misclassification ,
NLRB ,
Restaurant Industry ,
Retail Workers Bill of Rights ,
Successors ,
Unions ,
Wage and Hour
Employers in the health care industry are likely to face significant changes under President-elect Donald J. Trump’s administration and should expect a healthy dose of uncertainty for the next few months. During his campaign,...more
12/7/2016
/ Affordable Care Act ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Health Care Providers ,
Hiring & Firing ,
Non-Discrimination Rules ,
OCR ,
Patient Privacy Rights ,
Trump Administration ,
Unions ,
Vaccinations
Employers in the health care industry are facing a number of looming threats. Workplace violence is one of the most serious occupational hazards facing health care workers, while cyber-attacks pose a significant threat to the...more
3/25/2016
/ Criminal Background Checks ,
Cybersecurity ,
Healthcare Facilities ,
Home Health Care ,
Joint Employers ,
NLRB ,
OSHA ,
Popular ,
Ransomware ,
Union Elections ,
Workplace Violence
Recent actions by federal agencies and courts will have a direct impact on employers in the health care industry. While still wrestling with the changes wrought by the Affordable Care Act, health care employers will now need...more
10/29/2015
/ Affordable Care Act ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Home Healthcare Workers ,
Joint Employers ,
Life Sciences ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
NLRB ,
Nursing Homes ,
OSHA ,
Physicians ,
Protected Concerted Activity ,
Right to Control ,
Unions ,
Unpaid Overtime ,
Wage and Hour
As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are...more
7/23/2014
/ Affordable Care Act ,
Corporate Counsel ,
Employee Definition ,
Employee Handbooks ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Healthcare ,
Healthcare Facilities ,
Hiring & Firing ,
Hospitals ,
NLRA ,
NLRB ,
Physicians ,
SEIU ,
Title VII ,
Unions ,
Wage and Hour