On December 19, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed a preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued in response to...more
On August 26, the Eleventh Circuit issued its long-awaited decision in State of Georgia, et al v. President of the United States, et al, Case No. 21-14269. The Eleventh Circuit upheld, but narrowed, an existing nationwide...more
On December 7, 2021, a federal judge issued a nationwide preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued by the Safer Federal Workforce Task Force in...more
12/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On December 7, 2021, a federal judge issued a nationwide preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued by the Safer Federal Workforce Task Force in...more
12/7/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Lack of Authority ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On November 30, 2021, a federal judge issued a preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued by the Safer Federal Workforce Task Force in response...more
12/1/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Infectious Diseases ,
Injunctions ,
Non-Delegation Doctrine ,
Scope of Authority ,
Tenth Amendment ,
Vaccinations ,
Workplace Safety
As discussed in greater detail here, Governor Andrew Cuomo is poised to sign into law S.1034B/A.2681B, also referred to as the New York Health and Essential Rights Act, or the “Hero Act.”
The Hero Act has two main...more
On March 10, 2021, Congress passed the American Rescue Plan Act of 2021 (“Rescue Plan”), a $1.9 trillion COVID-19 relief package intended to provide continued economic relief to individuals, businesses, and state and local...more
In adopting the ALJ’s Recommended Order in S&S Enterprises, LLC d/b/a Appalachian Heating, Case No. 09-CA-235304, the NLRB found that a leaflet distributed by the employer during union organizing efforts, which stated that it...more
12/28/2020
/ Administrative Law Judge (ALJ) ,
Anti-Harassment Policies ,
Employment Policies ,
Federal Labor Laws ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Unfair Labor Practices ,
Union Leaflets ,
Union Organizers ,
Unions
Facing a government shutdown and the expiration of many of the relief programs included in the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) enacted in March 2020, on December 21, 2020, Congress passed...more
On August 8, 2020, the President issued an executive memoranda establishing the Lost Wages Assistance (“LWA”) program, a new unemployment benefit intended to replace the recently-expired $600 per week Federal Pandemic...more
8/18/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Federal Pandemic Unemployment Compensation (FPUC) ,
Government Assistance ,
Lost Wages ,
Lost Wages Assistance (LWA) Program ,
New Guidance ,
Presidential Memorandum ,
Relief Measures ,
Trump Administration ,
Unemployment Benefits
On July 29, 2020, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) handed down what amounts to a significant win for the collectively-bargained dispute-resolution process set forth in the...more
The U.S. Department of Labor (DOL) recently issued an update to its Unemployment Insurance Program Letter (UIPL) 16-20 to provide additional guidance on the CARES Act’s Pandemic Unemployment Assistance (PUA) program in...more
The U.S. Department of Labor (DOL) recently published two additional Unemployment Insurance Program Letters (UIPLs) providing guidance on the administration of the expanded unemployment insurance benefits under the CARES Act....more
The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law on March 27, 2020. The $2.2 trillion package included various provisions increasing and expanding unemployment insurance benefits...more
Mid-December is always a time where one can expect significant decisions to issue from the NLRB. In recent years, we saw the Board, among other decisions, abandon the much criticized “micro unit” standard and the equally...more
12/17/2019
/ Bethlehem Steel ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Negotiations ,
Dues Checkoff ,
Labor Relations ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Statutory Requirements ,
Union Dues ,
Union Security Clauses ,
Unions
While much of the country spent the last week of summer enjoying the last few days of sun, the National Labor Relations Board spent the week before its eponymous three-day weekend churning out a couple of important decisions....more
In an Advice Memorandum dated April 16, 2019, but released on May 14, 2019, the NLRB’s General Counsel staked out a position in one of the most contentious and influential questions in labor and employment law today: Whether...more
5/16/2019
/ CA Supreme Court ,
Department of Labor (DOL) ,
Drivers ,
Employer Liability Issues ,
Entrepreneurs ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
NLRA ,
NLRB ,
State and Local Government ,
State Labor Laws