On Friday, March 29, 2024, the U.S. Occupational Safety and Health Administration (OSHA) issued a final rule, effective May 31, that permits non-employees to accompany and advise OSHA officials during workplace safety and...more
In this special year-end episode, recorded live from our 42nd Annual Workforce Management Briefing in New York City, Epstein Becker Green attorneys discuss the biggest employment law trends and crucial workforce changes in...more
This week, we’re elaborating on the National Labor Relations Board’s (NLRB’s) controversial joint-employer rule:
The joint-employer rule published by the NLRB on October 26, expanded the definition of the rule in ways that...more
On September 6, 2023, Governor Kathy Hochul signed into law Senate Bill 4982 and Assembly Bill 6604, which amends Section 201-D of the New York Labor Law to prohibit most employers from requiring non-managerial and...more
On October 26, 2023, the National Labor Relations Board (NLRB or “Board”) issued its Final Rule (the “Rule”) on Joint-Employer status under the National Labor Relations Act (NLRA). Slated to take effect on December 26, 2023,...more
On October 26, 2023, the National Labor Relations Board (NLRB or “Board”) issued its Final Rule (the “Rule”) on Joint-Employer status under the National Labor Relations Act (NLRA). Slated to take effect on December 26, 2023,...more
This week, we’re breaking down recent actions by the National Labor Relations Board (NLRB) that are impacting both union and non-union employers:
The NLRB is continuing its labor-friendly push with increased protections for...more
It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more
9/11/2023
/ Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Federal Labor Laws ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Unfair Labor Practices ,
Union Representatives ,
Unions
On August 2, 2023, the National Labor Relations Board (“NLRB” or “Board”) announced a long-anticipated decision called Stericyle that will affect how employers craft, apply and enforce workplace policies, regardless of...more
On August 2, 2023, the National Labor Relations Board (“NLRB” or “Board”) announced a long-anticipated Decision that will affect how employers craft, apply and enforce workplace policies in almost all workplaces, regardless...more
Shocking few NLRB observers, the National Labor Relations Board (NLRB), in The Atlanta Opera, Inc., Case 10-RC-276292, a 3-1 decision issued June 13, 2023, announced its modified standard for analyzing whether workers are...more
6/28/2023
/ Biden Administration ,
Employee Definition ,
Employer Liability Issues ,
Federal Labor Laws ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
NLRA ,
NLRB ,
Wage and Hour
The National Labor Relations Board’s top lawyer, Jennifer Abruzzo, issued a General Counsel memo today instructing the Labor Board’s Regional Directors of her position that noncompete clauses for employees protected by the...more
On Monday, the National Labor Relations Board (the “Board” or “NLRB”), with a majority of appointees by President Biden, i.e., “the Biden-Board,” reversed the short-lived General Motors LLC, 369 NLRB No. 127 (2020) decision...more
Approximately a month after the Board issued McLaren Macomb, 372 NLRB No. 58, which left employers scrambling to decipher its unclear impact on both unionized and non-unionized workplaces, Jennifer Abruzzo, the General...more
Approximately a month after the Board issued McLaren Macomb, 372 NLRB No. 58, which left employers scrambling to decipher its unclear impact on both unionized and non-unionized workplaces, Jennifer Abruzzo, the General...more
New Jersey has joined other states, including California, Illinois, and Massachusetts, in enacting statewide temporary worker protection legislation....more
On December 21, 2022, NY Governor Kathy Hochul signed into law the Warehouse Worker Protection Act (“the Act’), which will be effective February 19, 2023. As noted in Governor Hochul’s press release announcing the Act, a...more
On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more
On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more
11/17/2022
/ Artificial Intelligence ,
Electronic Monitoring ,
Employee Monitoring ,
Employee Rights ,
Employee Tracking ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Popular ,
Section 7
Back in March 2021, when it wasn’t easy for many people to get an appointment for an inoculation against COVID-19, New York State created an incentive for employees to get vaccinated. A new provision was added to the Labor...more
On April 7, 2022, Jennifer Abruzzo, General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued Memorandum GC 22-04, titled “The Right to Refrain from Captive Audience and other Mandatory Meetings” (“GC...more
In the United States, the federal government has faced challenges in imposing vaccination mandates for large private employers, federal contractors, and certain health care employees. Because of that, choices around...more
2/8/2022
/ Complaint Procedures ,
Coronavirus/COVID-19 ,
Covered Entities ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Exemptions ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Vaccinations ,
Workplace Safety
This week, we’re recapping some of the biggest changes that impacted employers in 2021. We also look ahead to what’s in store in the new year.
A Shift in Labor Policy and Enforcement
The Biden administration is ushering in...more
12/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employee Mobility ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Healthcare Workers ,
Hiring & Firing ,
Labor Regulations ,
Masks ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Reasonable Accommodation ,
Unions ,
Vaccinations ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
On December 17, 2021, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit lifted the nationwide injunction against the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) issued by...more
12/21/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 15, 2021, New York City followed up on the recently announced vaccine mandate for private employers by releasing further details, including several guidance documents and mandatory signage. The New York City...more