President Donald Trump has expectedly fired Jennifer Abruzzo, the general counsel of the National Labor Relations Board (NLRB), and unexpectedly fired Gwynne Wilcox, one of the board’s two Democratic members. The firings mark...more
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) continues to focus on preventing workplace violence in hospitals, nursing homes, and other healthcare settings, where employees are five...more
7/25/2024
/ Citations ,
Employer Liability Issues ,
Enforcement Actions ,
General Duty Clause ,
Healthcare Facilities ,
Hospitals ,
Nursing Homes ,
OSHA ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
On June 28, 2024, the Supreme Court issued a landmark decision in a pair of consolidated cases, Loper Bright Enterprises et al. v. Gina Raimondo and Relentless Inc. et al. v. Department of Commerce. ...more
7/1/2024
/ Chevron Deference ,
Chevron v NRDC ,
Equal Employment Opportunity Commission (EEOC) ,
Government Agencies ,
Joint Employers ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
Title VII
The U.S. Department of Labor recently published a final rule clarifying the rights of employees to authorize a representative to accompany an Occupational Safety and Health Administration (“OSHA”) compliance officer during an...more
In a recent memorandum to all Regional Directors, Officers-in-Charge, and Resident Officers, the National Labor Relations Board’s (“NLRB”) General Counsel, Jennifer Abruzzo, sets forth her view that the proffer, maintenance,...more
On September 6, 2022, the National Labor Relations Board (the “Board”) issued a draft rule replacing and significantly altering the Trump-era 2020 joint-employer standard. Standard for Determining Joint-Employer Status...more
On August 29, 2022, the National Labor Relations Board (the “Board”) issued a precedent-shifting decision ruling that it was unlawful for Tesla Inc. to prohibit employees from wearing shirts bearing union insignia....more
Employers in Maryland will soon have to fund and administer a new paid leave benefit to employees in the state. Last week, Maryland’s legislature overrode a veto from Governor Larry Hogan to push through the Time to Care Act,...more
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”), a mandatory workplace safety rule aimed at protecting healthcare workers from COVID-19. OSHA also...more
On January 4, 2020, the U.S. District Court for the Middle District of Florida ruled that neither the “natural disaster” exception nor the “unforeseeable business circumstance” exception warranted dismissal of a WARN Act...more
On January 6, 2021, the Department of Labor (“DOL”) published its final rule clarifying who is an independent contractor, rather than an employee covered by the Fair Labor Standards Act (“FLSA). The factors are the same as...more
Since this article was originally published, the EEOC issued guidance on December 16, 2020 specific to the use of the COVID-19 vaccine in the workplace. The EEOC’s guidance was consistent with our original article. However,...more
When the COVID-19 vaccination becomes readily available, can private employers require employees to take the vaccine? The short answer: Probably, provided employers are mindful that, depending on the work performed,...more
The Centers for Disease Control recently changed the definition of “close contact,” as it relates to an individual’s exposure to someone with a confirmed case of COVID-19. In the prior guidance, the CDC defined “close...more
OSHA released its latest guidance on when employers must notify it of workers being hospitalized or dying because of COVID-19. The new guidelines provide the following changes for reporting purposes...more
On September 22, 2020, President Trump signed a new executive order “On Combating Race and Sex Stereotyping.” The new order applies to federal contractors, federal agencies, and federal grant recipients and bans training that...more
9/29/2020
/ Bias ,
Civil Rights Act ,
Colleges ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Sexual Stereotyping ,
Title VII ,
Trump Administration ,
Universities
On September 22, 2020, the Department of Labor (“DOL”) released a proposed rule providing a more employer-friendly interpretation of independent contractor status under the Fair Labor Standards Act.
The proposed rule...more
Starting September 15, 2020, H.B. 81 became effective making noteworthy changes to the Ohio workers’ compensation law. The intent of the new bill was to create workers’ compensation coverage for detention facility employees;...more