The National Labor Relations Board’s Fair Choice-Employee Voice Final Rule, codified at 29 C.F.R. 103.20-21, became effective on Sept. 30, 2024. The Biden Board’s final rule rescinded portions of a Trump-era 2020 rule...more
10/17/2024
/ Collective Bargaining ,
Construction Industry ,
Fair Chance Act ,
Joe Biden ,
Labor Relations ,
Loper Bright Enterprises v Raimondo ,
Majority Voting Policies ,
NLRA ,
NLRB ,
Union Representatives ,
Unions
The National Labor Relations Act does not preempt a company’s state tort claims alleging a union’s intentional destruction of company property during a labor dispute, the U.S. Supreme Court has held in an 8-1 decision....more
The U.S. Supreme Court has issued a forceful rebuke against what it found to be agency overreach. West Virginia v. Environmental Protection Agency, No. 20-1530 (June 30, 2022)....more
7/14/2022
/ Carbon Emissions ,
Clean Power Plan ,
Coal Industry ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Environmental Protection Agency (EPA) ,
Equal Employment Opportunity Commission (EEOC) ,
National Federation of Independent Business v Department of Labor and OSHA ,
Natural Gas ,
NLRA ,
OSHA ,
Popular ,
Power Plants ,
SCOTUS ,
West Virginia v EPA
The U.S. Department of Labor (DOL) has announced proposed rulemaking to update and expand the prevailing wages and other regulations under the Davis-Bacon Act, which applies to federal and federally assisted construction...more
Drivers for rideshare companies that connect drivers and users through smartphones or a digital network in Washington have new labor protections under legislation passed by the Washington legislature. HB 2076 creates new...more
Construction contractors and subcontractors that do not typically have exposure to project labor agreements (PLAs) should expect to see them as a result of the new Infrastructure Investment and Jobs Act (IIJA), which became...more
Strikes have been in the news recently. Employers faced with a strike, or a possible strike, often wish to know their legal options, including whether they may seek injunctive relief. The short answer is that federal law...more
When assessing whether a private employer must allow others access to its private property for union organizational purposes, the National Labor Relations Board’s (NLRB) precedent often has hinged on whether the person...more
Despite concerns over potential employee confusion about when they must exercise their right to petition for an election to decertify their union representative, in an April 21, 2021, decision, the National Labor Relations...more
Worksite employers and staffing agencies that use temporary construction and manufacturing workers are subject to new safety obligations in Washington designed to protect the temporary workers from workplace hazards and...more
Employers can expect union and political pressure to push for neutrality agreements. President Joe Biden had signaled his approval of employers that enter into union neutrality agreements, including making a campaign promise...more
Whether an employer’s unilateral change to employee procedures violates the National Labor Relations Act (NLRA) is determined by whether the change “falls within the compass or scope of contract language that grants the...more
As circumstances from the coronavirus (“COVID-19”) pandemic continue to evolve, the federal Occupational Safety and Health Administration (“OSHA”) has maintained reliance on Section 5(a)(1) of the Occupational Safety and...more
Construction employers should remain mindful of the terms of their collective bargaining agreements and their obligations under the National Labor Relations Act, the National Labor Relations Board (NLRB) Division of Advice...more
The Mine Safety and Health Administration (“MSHA”) has declined to issue an Emergency Temporary Standard (“ETS”) to address pandemic safety for miners. MSHA determined that issuance of an ETS was unnecessary for COVID-19...more
As the COVID-19 pandemic continues, the battle over when or if employers should be liable for personal injuries arising from coronavirus exposure allegedly caused during employment lurks on the horizon.
The United States...more
As construction continues and resumes during the COVID-19 pandemic, unionized construction employers must be mindful of the terms of their collective bargaining agreements (CBAs) when implementing workplace responses to...more