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
On Dec. 10, 2020, the National Labor Relations Board (NLRB) issued a decision in BMW Manufacturing Co. regarding whether various rules and policies in an employer’s handbook violated the National Labor Relations Act (NLRA)....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
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
Due to the COVID-19 pandemic, 42 states, Puerto Rico and the District of Columbia have adopted shelter-in-place or similar orders. As a result, more employees than ever before are working from home. This sudden increase in...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
The COVID-19 pandemic presents unique challenges for employers whose employees are represented by labor unions. Under the National Labor Relations Act (NLRA), unionized employers must negotiate with a collective bargaining...more
On April 1, 2020, the U.S. Department of Labor (DOL) unveiled new temporary regulations for employers regarding compliance with the paid leave requirements of the new Families First Coronavirus Response Act (FFCRA)...more
As previously reported, the Families First Coronavirus Response Act (FFCRA) requires private employers with fewer than 500 employees (and state/local government employers regardless of size) to provide special paid emergency...more
As previously reported, on March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (FFCRA). The FFCRA’s paid leave provisions will become effective on April 1, 2020, and will apply to leave...more
3/27/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Posting Requirements ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration ,
Wage and Hour
As previously reported, the Families First Coronavirus Response Act (FFCRA) passed Congress on March 18, 2020, and was signed into law by President Trump that same evening, to take effect “not later than 15 days after the...more
On March 18, 2020, the U.S. House of Representatives and U.S. Senate passed a bill that, once signed into law, will impose significant changes upon employers’ sick leave and family and medical leave requirements. President...more
Traditionally, Virginia private sector employers have had discretion to decide whether to provide current and former employees with copies of or access to their employment records. Beginning July 1, 2019, that will no longer...more
In a rare win for the employer, the National Labor Relations Board (the “Board”) unanimously affirmed an Administrative Law Judge’s (“ALJ”) decision that the termination of a union bargaining-committee representative for a...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
As previously reported, on March 23, 2016, the U.S. Department of Labor (DOL) issued its reinterpretation of the “persuader” rule in the Labor Management Reporting Disclosure Act of 1959 (LMRDA), originally scheduled to be...more
On April 27, 2016, the U.S. House of Representatives overwhelmingly passed the Defend Trade Secrets Act (DTSA), sending it to the White House for President Obama’s promised signature.
When it is signed into law, the...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
As described in detail in a recent Washington Update, there is once again a reasonable likelihood that we are headed for a government shutdown beginning Thursday, October 1. This article puts aside politics to focus on the...more
With the federal government funded only through Sept. 30, 2015, unless Congress acts quickly, there is a reasonable likelihood of another government shutdown beginning Oct. 1, 2015. The looming shutdown will create...more
9/25/2015
/ Best Practices ,
COBRA ,
Collective Bargaining ,
Department of Labor (DOL) ,
Discrimination ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Budget ,
Federal Contractors ,
Furloughs ,
Government Shutdown ,
Health Insurance ,
Hiring & Firing ,
Involuntary Reduction in Force ,
Layoffs ,
Notice Requirements ,
Popular ,
Wage and Hour ,
WARN Act
As we previously reported on Aug. 27 and 28 (on our blog Labor Relations Today), the National Labor Relations Board (NLRB) recently issued its ruling in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug....more
9/11/2015
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Teamsters ,
Unions
On April 28, 2015, the National Labor Relations Board (NLRB) issued an advice memorandum addressing when franchisors can be considered “joint employers” with their franchisees for purposes of the National Labor Relations Act...more