Ian Bogaty at Jackson Lewis P.C.

OSHA’s New Walkaround Rule Raises Unionization, Constitutional Concerns for Employers

The U.S. Department of Labor has announced a final rule that will reshape the future dynamic of Occupational Safety and Health Administration (OSHA) inspections. The rule aims to clarify (but instead expands) the rights of...more

4/2/2024 / Department of Labor (DOL) , Employee Representatives , Fourteenth Amendment , OSHA , Proposed Rules , Safety Inspections , Search & Seizure , Unions , Workplace Safety

NLRB GC: Participating In Nationwide ‘Day Without Immigrants’ Is Protected Concerted Activity

Participating in the February 2017 “Day Without Immigrants” demonstration was protected concerted activity, according to an August 30, 2017, advice memorandum released on March 13, 2018, by the National Labor Relations Board...more

4/11/2018 / Immigrants , NLRA , NLRB , NLRB General Counsel , Protected Concerted Activity , Section 7

Labor Board Nominee Ring Approved By Senate Committee

The Senate Health, Education, Labor and Pensions (HELP) Committee has confirmed Republican John Ring to the National Labor Relations Board by a 12-11 vote. The next step is a vote by the full Senate. The Board is currently...more

3/16/2018 / Employer Liability Issues , HELP , NLRB

Labor Board Asks: Retain, Modify, Or Rescind ‘Quickie Election’ Rules?

A Request for Information regarding the “Quickie Election” representation regulations (at 29 CFR parts 101 and 102) will be published on December 13, 2017, the National Labor Relations Board has announced. The RFI will seek...more

12/13/2017 / Employer Liability Issues , NLRB , Quickie Election Rules , Request For Information , Union Elections , Unions

West Virginia Enacts Law Permitting Broad Employment-Related Drug And Alcohol Testing

Workplace drug and alcohol testing in West Virginia traditionally has been scrutinized by the courts and has been available to employers in limited circumstances. That will change dramatically this summer when the state’s...more

5/15/2017 / Alcohol Testing , Drug Testing , Employer Liability Issues , Hiring & Firing

Applicant Who Failed Pre-Employment Drug Test Could Not Show That Public Employer Violated Her Due Process Rights or Title VII

A federal district court recently dismissed a lawsuit in which a job applicant challenged a public employer’s decision to withdraw an offer of employment after the individual tested positive for cocaine on a pre-employment...more

4/11/2017 / Conditional Job Offers , Drug Testing , Due Process , Employer Liability Issues , Fourteenth Amendment , Hiring & Firing , Title VII

NLRB GC Instructs Regions to Hold on Class Action Waiver Cases Until Supreme Court Rules

The General Counsel of the National Labor Relations Board has instructed Regional Offices to hold in abeyance cases involving mandatory arbitration agreements with opt in or opt out clauses. Regions must do the same in cases...more

2/6/2017 / Arbitration Agreements , Class Action Arbitration Waivers , Corporate Counsel , Judicial Appointments , Murphy Oil USA , Neil Gorsuch , NLRB , NLRB General Counsel

Public Sector Employees in Three States Sue to Nix Fair Share Fees

Four Pennsylvania school teachers, two Santa Clara Valley Medical Center pharmacists, and three New York school workers have filed separate suits challenging the constitutionality of state requirements permitting the unions...more

1/27/2017 / Collective Bargaining Agreements (CBA) , Fair Share Contribution , First Amendment , Friedrichs v CA Teachers Association , Public Employees , Unions

Ian Bogaty

Jackson Lewis P.C.

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