The National Labor Relations Act (NLRA) gives employees the right to unionize and imposes obligations on employers to collectively bargain with unions representing their employees. Failing to recognize those rights and...more
3/14/2024
/ Chamber of Commerce ,
Contract Terms ,
Employee Definition ,
Joint Employers ,
Jurisdiction ,
New Rules ,
NLRA ,
NLRB ,
SCOTUS ,
Third-Party ,
Vacated
With increasingly diverse and complex work arrangements, companies face challenges in answering a seemingly basic legal question: Is a worker an employee of the company, or an independent contractor?
On June 13, the...more
Key Points -
On June 13, 2023, the NLRB issued a decision in Atlanta Opera tightening the legal standard for determining whether a worker is an independent contractor exempt from the requirements of the NLRA and returning...more
Key Points -
The NLRB’s General Counsel issued a memorandum providing her position on the NLRB’s recent decision in McLaren Macomb, holding that employers may not offer severance agreements with broad confidentiality or...more
Key Points -
On February 21, 2023, the NLRB issued a decision in McLaren Macomb holding that employers may not offer severance agreements with broad confidentiality or non-disparagement clauses to union and non-union...more
At the beginning of the COVID-19 crisis, the vast majority of states across the country implemented “stay at home” orders requiring the closure of, or severely restricting, nonessential business operations...more
A massive shift is underway in the relationship between workers and companies. Fueled in recent years by the COVID-19 pandemic and tight job market, the changes reflect not just evolving sensibilities of how employers treat...more
5/24/2022
/ ABC Test ,
At-Will Employment ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Independent Contractors ,
Joint and Several Liability
Key Points: On November 11, 2021, the General Counsel to the NLRB issued a Memorandum concerning implementation of the OSHA ETS in unionized workplaces.
The Memorandum is important to unionized employers because it...more
11/16/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Infectious Diseases ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Unions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Key Points -
The NLRB’s General Counsel issued a memorandum providing her position that the NLRA protects student-athletes who “perform services for their colleges and the NCAA, in return for compensation” and are...more
10/1/2021
/ Alston v NCAA ,
Educational Institutions ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Student Athletes ,
Unions
Key Points -
On August 12, 2021, the National Labor Relations Board’s (NLRB) recently appointed General Counsel issued a memorandum requiring reexamination of labor law doctrine in several key areas. The memorandum is...more
To account for legal developments since our last FAQ concerning employer COVID-19 vaccination policies, we provide updated answers to questions and address additional questions about discrimination, wage and hour, collective...more
8/9/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
NLRB ,
Pregnancy Discrimination Act (PDA) ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Key Points:
- Vaccinations for COVID-19 are picking up steam around the country as supply increases and eligibility expands.
- Now is the time for employers to think through issues raised by employee vaccination...more
4/6/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Food and Drug Administration (FDA) ,
GINA ,
Infectious Diseases ,
NLRA ,
Title VII ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Below is a tracker of states, counties and cities that, as of June 8, 2020, have implemented “stay at home” orders requiring the closure of non essential businesses or a subset thereof (e.g., non-essential retail businesses)....more
6/9/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Non-Essential Businesses ,
Operators of Essential Services ,
Re-Opening Guidelines ,
Social Distancing ,
State and Local Government ,
Workplace Safety
More than a month into the COVID-19 crisis in the United States, the vast majority of states, as well as many counties and cities, have issued orders mandating that residents “stay at home” as much as possible and the closure...more
- The COVID-19 pandemic presents challenges for employers trying to protect their workforce from the spread of the virus, while also protecting the privacy of employee medical information.
- The EEOC has issued new guidance...more
- On February 26, 2020, the NLRB issued a final rule tightening the standard for joint employment under the NLRA.
- The joint-employer standard is important because if two entities are joint employers, both must bargain...more
• The Consumer Financial Protection Bureau (CFPB) has issued an interim final rule requiring employers to update the summary of rights form given to applicants and employees in conjunction with a background check by a...more
10/22/2018
/ Adverse Action ,
Background Checks ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reporting Agencies ,
Credit Reports ,
Disclosure Requirements ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Fraud Alerts ,
Hiring & Firing ,
Interim Final Rules (IFR) ,
Job Applicants ,
Summary of Consumer Rights ,
Summary of Rights