The federal infrastructure law devotes billions of dollars to construction sites and other projects. When the law was initially proposed, there was skepticism and concern that the huge federal investment would come with...more
The National Labor Relations Board (“NLRB”) governs employees, both union-free and unionized, covered by the National Labor Relations Act (“NLRA”). According to recent announcements, the NLRB is considering a series of...more
Nearly a year after his inauguration, President Biden has completed the shift of the National Labor Relations Board (“NLRB”) to a pro-union majority. The reconstituted NLRB will devote significant time reviewing and changing...more
A federal court recently issued a ruling in one of the first lawsuits in South Carolina challenging mandatory vaccinations. In Bauer v. Summey, employees of the City of North Charleston, the City of Charleston, and the St....more
Due to the global pandemic, employers have begun recruiting new employees virtually, which has resulted in online video exchanges replacing the face-to-face interviewing experience. In June 2021, Forbes reported that in a...more
Employers remain entangled with COVID-19 and vaccinations, including internal and external protests. COVID-19 cases continue climbing, fueled by the Delta variant. Vaccinations are lagging behind, but may increase now that...more
Earlier this year, six employees died during a tragic accident at a poultry processor in Georgia. A leak of liquid nitrogen within the plant caused the accident. In the wake of this tragic event, OSHA launched a multi-month...more
Union organizing often collides with an employer’s private property rights. In a decision issued this month, Cedar Point Nursery v. Hassid, the United States Supreme Court ruled in favor of the right to protect private...more
7/1/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
One of South Carolina's oldest and largest newspapers may soon become unionized. An affiliate of the Communication Workers of America recently filed a petition seeking to unionize all non-supervisors who work at The State...more
What do approximately 6,000 employees in Alabama have in common? They are waiting for their ballots to be counted and related legal challenges decided by the National Labor Relations Board (NLRB) as part of a union campaign...more
The Carolinas are the least unionized states in the nation, according to the Bureau of Labor Statistics. Similarly, unionization of farmworkers in the Carolinas also is very low. Unlike other business segments governed by the...more
Federally funded projects and unionization often go together. One way is through “Project Labor Agreements” (“PLAs”), which are often connected to federally funded construction and infrastructure projects. A PLA is a type...more
The “Protecting the Right to Organize Act” (“PRO Act”) proposes drastic changes to the nation’s laws governing employer-union relations, especially the ability of employers and employees to remain union-free. Earlier this...more
Amazon employees in Bessemer, Alabama, will soon decide if they want to remain union-free or to unionize. About 5,000 employees who work at an Amazon Distribution Center will be eligible to vote in an upcoming union...more
National elections shape the nation’s labor policy. Soon after his inauguration, President Biden began a pro-union shift involving the National Labor Relations Board (NLRB), the federal agency responsible for governing...more
During the current pandemic, employers are constantly balancing business goals, safety needs and employment laws. Now that vaccines are becoming available, employers are evaluating whether to require vaccination of...more
12/21/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Over the past 10 years, there have been several significant changes related to how federal courts handle alleged religious discrimination. Catching up to those changes, this week the Equal Employment Opportunity Commission...more
North and South Carolina are the least unionized states in the nation, but employers in the Carolinas should not overlook the protection the National Labor Relations Act provides for their non-union work forces, especially...more
School is out for the summer for many elementary-high school students in the Carolinas. In past years, the end of the school year marks the start of vacations, summer camps, and full-day childcare. This year, however, the...more
For those of us in the Carolinas, we already know that our two states are great places to live and work. The US Bureau of Labor Statistics recently affirmed that fact through an annual report, the Union Members Summary,...more
A few years ago, a major Chinese manufacturer, Fuyao, opened the world’s largest windshield-making plant in Ohio. Fuyao renovated an old General Motors facility, invested millions in state-of-the-art machinery and hired...more
One of the primary responsibilities of the National Labor Relations Board (NLRB) is conducting secret ballot elections in the workplace about the choice to be union-free or not. Over the years, however, the right to a secret...more
Can a drug testing lab be sued for negligence in South Carolina if it mishandles an employee’s drug test? Yes, according to a recent decision issued by the South Carolina Supreme Court with potential ramifications for drug...more
The Carolinas remain the least unionized region in the United States. New jobs continue coming to the area’s employee-friendly environment. By contrast, unions are struggling to retain current members and to recruit new ones....more
Traditionally, employers rely on personnel policies and employee handbooks to communicate workplace expectations and benefits to employees. Earlier this decade, the National Labor Relations Board (“NLRB”) began aggressively...more