On Oct. 26, 2023, the National Labor Relations Board issued a final rule that significantly broadens the definition of “joint employment” under the National Labor Relations Act (NLRA), marking the fifth change to the board’s...more
On July 13, 2023, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) that will go into immediate effect and is intended to remain in place for...more
On July 26, 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the National Labor Relations Board (NLRB) signed a joint memorandum of understanding (MOU) with the goal of “promoting the free flow of commerce...more
On March 21, 2022, the Virginia Safety and Health Codes Board rescinded the commonwealth’s COVID-19 workplace safety regulations, the first regulations of their kind enacted in the United States. In their place, the...more
As usual, the new year will bring a slew of new California employment laws. Following is a summary of many of the more significant new and widely applicable employment laws that will take effect in California on Jan. 1, 2022,...more
12/20/2021
/ Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Independent Contractors ,
Minimum Wage ,
Non-Disclosure Agreement ,
Notification Requirements ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
On Sept. 22, 2021, Governor Gavin Newsom signed Assembly Bill 701 (AB 701). Effective Jan. 1, 2022, it will become the first state law of its kind to regulate and set parameters around the use of production quotas at...more
On Sept. 9, 2021, President Biden announced a broad six-part strategy to combat COVID-19 at the federal level, including extensive new vaccination and testing requirements for large private employers, certain federal...more
Virginia has adopted permanent COVID-19 safety rules for employers that will remain in effect as long as the commonwealth remains in a state of emergency. When that ends, the Safety and Health Codes Board will determine...more
On Dec. 16, 2020, the U.S. Equal Employment Opportunity Commission updated its COVID-19 guidance, offering additional instruction as to whether and when an employer can require its employees to obtain a COVID-19 vaccine. This...more
12/23/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations
On Sept. 30, 2020, the U.S. Occupational Safety and Health Administration (OSHA) issued guidance clarifying employers’ obligations to report COVID-19 cases resulting in hospitalization or death. Under the new guidance,...more
On July 15, 2020, Virginia became the first state in the nation to issue COVID-19 safety rules to employers. These rules will require employers to develop a series of safety precautions designed to limit the spread of...more
On June 15, 2020, by a vote of 6-3, the U.S. Supreme Court held that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. Prior to the court’s historic...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On May 6, 2020, California Gov. Gavin Newsom signed Executive Order N-62-20 (EO N-62-20), which creates a rebuttable presumption, for purposes of receiving workers’ compensation benefits, that employees who test positive for...more
On April 12, 2020, Virginia Gov. Ralph Northam signed a series of new employee protection laws related to employee unpaid wage complaints. Notably, the enactment of HB 123 and SB 838, known as the Wage Theft Law, for the...more
In March and April 2020, Gov. Ralph Northam signed multiple bills into law meant to combat worker misclassification. The new legislation creates a private cause of action for misclassified workers, prohibits retaliation...more
Since the COVID-19 crisis began, employees have submitted unsafe workplace complaints to the U.S. Occupational Safety and Health Administration (OSHA) in record numbers. Some of these employees have staged strikes to ensure...more
Although Virginia’s recent amendments to its Human Rights Act have garnered the most media attention, Gov. Ralph Northam has also signed or proposed amending several other laws that will significantly impact Virginia...more
On April 11, 2020, Gov. Ralph Northam signed the Virginia Values Act (VVA), making Virginia the first state in the South to enact comprehensive protections for the LGBTQ community against discrimination in employment,...more
On Jan. 25, 2019, the Occupational Safety and Health Administration (OSHA) partially rescinded a rule that required some employers to electronically submit to OSHA injury and illness data that included personal identifying...more
Introduction -
In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more
1/18/2017
/ Administrative Law Judge (ALJ) ,
At-Will Employment ,
Blacklist ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Joint Employers ,
LMRDA ,
NLRA ,
NLRB ,
Persuader Rules ,
Unions
The federal Occupational Safety & Health Administration (OSHA) issued a Final Rule on May 12, 2016 that requires certain employers to annually submit injury and illness data electronically to OSHA. OSHA will then make such...more
On March 23, 2016, the U.S. Department of Labor (DOL) issued its long-anticipated reinterpretation of the “persuader” rule in the Labor Management Reporting Disclosure Act of 1959 (LMRDA). Spanning more than 400 pages, the...more
National Labor Relations Board spends Most of 2015 With a Full Complement of Members; Down to Four at Year’s End.
For about two-thirds of the year, the National Labor Relations Board operated with a full complement of...more
1/21/2016
/ Administrative Procedure Act ,
Browning-Ferris Industries of California Inc. ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Joint Employers ,
LMRDA ,
NLRB ,
Persuader Rules ,
SEIU ,
Unions ,
United Food and Commercial Workers Union ,
Wage Act
Under current National Labor Relations Board (NLRB) standards, a union can organize a bargaining unit of an employer’s regular employees and temporary employees supplied by a staffing agency only if both the employer and the...more
The National Labor Relations Board’s (NLRB’s) “ambush election rules,” which make sweeping changes to the procedures applicable in union representation cases, took effect on April 14, 2015....more