Last week was a busy one for the National Labor Relations Board (NLRB). The agency came out with four significant decisions that either expanded or protected employee rights on issues such as monetary remedies, the right to...more
COVID-19 – and its variants Delta and Omicron – continue to wreak havoc around the world. Thousands of individuals have died and continue to die, and millions more have been diagnosed as having COVID-19. Many sectors of the...more
2/3/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Home Health Care ,
Hospitals ,
Medicaid ,
Medicare ,
Nurses ,
Physicians ,
Popular ,
Telehealth ,
Vaccinations
On Tuesday, December 7, 2021, a federal judge in Georgia issued a nationwide preliminary injunction halting the enforcement of the federal mandate that obligates many federal contractors and subcontractors to require their...more
On June 23, 2020, the National Labor Relations Board (NLRB) upheld an employer's right to unilaterally discipline employees without any obligation to bargain about the decision with a newly-elected union if the parties have...more
INTRODUCTION - The health care world – in fact, THE WORLD – has changed significantly since March with the onset of COVID-19. As we collectively work to return to a “new normal,” the health care delivery system will be one of...more
In December, the National Labor Relations Board (NLRB) issued a flurry of employer-friendly decisions. Management can toast the following end-of-year gifts and look forward to continuing success at the Board in the new year....more
1/3/2020
/ Ambush Election Rules ,
Email ,
Email Policies ,
Franchises ,
NLRA ,
NLRB ,
Quickie Election Rules ,
Unfair Labor Practices ,
Union Elections ,
Unions ,
Workplace Investigations
Uber drivers are “independent contractors” and not “employees” under the National Labor Relations Act (“NLRA”), according to an Advice Memorandum issued on May 14, 2019, by the Office of the General Counsel (“OGC”) of the...more
In an opinion letter released on April 29, 2019 the Department of Labor Wage and Hour Division (WHD) provided guidance on the standards for establishing an employment relationship in today's modern gig economy....more
On Wednesday, April 24, 2019, the U.S. Supreme Court struck another blow to employees who seek to arbitrate class claims against their employer under employment arbitration agreements. ...more
4/29/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
SCOTUS
On January 25, 2019, the NLRB repealed the test devised by the Obama Board to determine whether an individual is an employee or an independent contractor under the National Labor Relations Act ("NLRA"). Critically, the NLRA...more
On Friday, September 14, 2018, the National Labor Relations Board (“NLRB”) announced a proposed rule, which, if adopted, would drastically reduce a company’s exposure as a “joint employer” under the National Labor Relations...more
On Wednesday, June 27, 2018, the U.S. Supreme Court ruled that public-sector employees who choose not to join the union that represents them cannot be forced to pay "agency fees" to cover the union's costs of representation. ...more
7/2/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
In a unanimous decision issued on February 20, 2108, the United States Supreme Court held that employees seeking to sue under the whistleblower anti-retaliation protection of the Dodd-Frank Act, must first report the alleged...more
2/27/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
On February 15, 2018, the Economic Matters Committee of the Maryland House of Delegates voted 12-11 to reject a bill that would have delayed the implementation of Maryland’s new sick and safe leave law, known as the Maryland...more
On February 11, 2018 the Maryland Healthy Working Families Act (the “MHWFA”) will become effective unless the Maryland Legislature passes a bill to extend the effective date. As of this writing, the chances of the extension...more
On Friday, January 12, 2018, the Maryland General Assembly enacted the Maryland Healthy Working Families Act over Governor Larry Hogan’s veto. Under the new law, employers with more than 15 full-time employees must provide...more
New overtime regulations unveiled by the U.S. Department of Labor (DOL) on May 18, 2016 will affect approximately 4.2 million currently “exempt” workers. Unless their salaries are increased to at least $913/week, these...more
“Most workers are employees under the FLSA [federal wage and hour law],” the Department of Labor asserted last week in Guidance discussing what it described as the “problematic trend” of misclassifying workers as independent...more
On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled that President Obama's January 2012 "recess" appointments to the National Labor Relations Board ("Board" or "NLRB") were unconstitutional because the...more