On September 6, the National Labor Relations Board (the Board) issued a proposed rule to revise the current standard to determine whether employers are “joint employers” under the National Labor Relations Act (NLRA). The...more
9/30/2022
/ Browning-Ferris Industries of California Inc. ,
Comment Period ,
Employer Liability Issues ,
Federal Labor Laws ,
Joint Employers ,
Labor Reform ,
NLRA ,
NLRB ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Wage and Hour
In Tesla Inc., the National Labor Relations Board (“Board”) recently reversed a 2019 decision in Wal-Mart Stores Inc. that gave employers leeway when adopting neutral non-discriminatory dress codes. Instead, the Board applied...more
9/7/2022
/ Dress Codes ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Tesla ,
Union Insignia ,
Union Organizers ,
Unions ,
Wal-Mart
Despite the always shifting pendulum of labor law, unionization rates in the private sector have decreased and remained low since the 1970’s. However, a recent surge of unionization efforts, coupled with unique economic...more
For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National...more
4/19/2022
/ Employee Rights ,
Employer Liability Issues ,
First Amendment ,
Free Speech ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Regulatory Agenda ,
Regulatory Standards ,
Unions
In companion decisions, the U.S. Supreme Court split on the issue of mandatory vaccinations for workers, halting the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) for private sector...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay of the Occupational Safety and Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) which had previously been halted by the...more
12/22/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
Non-Delegation Doctrine ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 9, 2021, President Biden announced a major initiative entitled the “Path out of the Pandemic.” The initiative includes an executive order requiring vaccinations for nearly all federal employees and contractors...more
9/14/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
In a 6-3 decision, the U.S. Supreme Court, in a decision issued on June 23, 2021 struck down a California state law requiring agricultural employers to grant union organizers access to their property. The Court determined the...more
6/30/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
The Sunshine State will once again be the center of national attention in what could be one of the first battles before the Biden NLRB regarding the ever-shifting issue of the Board’s jurisdiction over religious educational...more
Last week, Congress reached a deal on a second pandemic relief package which includes the enactment of the Economic Aid to Hard-Hit Small Business, Nonprofits, and Venues Act (Act), which has now been signed by President...more
At the outset of the pandemic, many employers were unsure of how OSHA would conduct inspections and issue citations regarding COVID-19 related issues. Early guidance from OSHA indicated that regulatory standards could be...more
12/10/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
General Duty Clause ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Regulatory Standards ,
Workplace Safety
As if employers aren’t already tested managing the challenges of the pandemic, on September 30, OSHA updated its COVID-19 Frequently Asked Questions to remind employers about their duty to report and record COVID-19 related...more
10/6/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Labor Regulations ,
Occupational Exposure ,
OSHA ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
Sick Employees ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Safety
Last summer, the Illinois General Assembly enacted SB75, which among other mandates, requires all Illinois employers to provide annual anti-harassment training to their employees. Illinois employers have until December 31,...more
As previously reported, the Illinois Human Rights Act was amended to require employers to report adverse judgments and administrative rulings in cases involving sexual harassment or unlawful discrimination to the Illinois...more
The Small Business Administration (SBA) recently issued a new set of Frequently Asked Questions (FAQs) related to issues borrowers are facing as they apply for loan forgiveness under the Paycheck Protection Program (PPP)....more
The Occupational Safety and Health Administration (OSHA) recently developed a COVID-19 Frequently Asked Questions (FAQs) document to provide a central location for commonly asked questions concerning steps employers can take...more
In Verizon New York, Inc. (Verizon), the National Labor Relations Board (Board) recently found that a work rule reserving the right for the company to monitor and/or search personal property, and a rule permitting the company...more
7/8/2020
/ Administrative Law Judge (ALJ) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Personal Property ,
Purple Communications ,
Section 7 ,
Security Checks ,
Unions
On Tuesday, the National Labor Relations Board (NLRB) in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, (Care One) issued a decision overturning the controversial Total Security Management decision....more
In a decision applauded by citizens of the City of Chicago and its leadership, the Illinois Supreme Court found that a provision in the collective bargaining agreement between the Fraternal Order of Police, Chicago Lodge No....more
6/26/2020
/ Collective Bargaining ,
Document Destruction ,
Electronically Stored Information ,
Law Enforcement ,
Police ,
Police Brutality ,
Police Misconduct ,
Public Access Laws ,
Public Policy ,
Public Records ,
Right To Know ,
State and Local Government ,
Transparency
The Paycheck Protection Program (PPP) represented a lifeline to many businesses struggling to stay afloat amid the Coronavirus pandemic by providing forgivable loans to businesses to cover payroll and certain non-payroll...more
On May 15, 2020, the Small Business Administration (“SBA”) issued its loan forgiveness application for businesses that received loans under the Paycheck Protection Program (“PPP”).
...more
On May 15, 2020, the Small Business Administration (“SBA”) issued its loan forgiveness application for businesses who received loans under the Paycheck Protection Program (“PPP”). ...more
In response to public criticism regarding the disbursement of loans to larger companies, on April 23, the Small Business Administration (SBA) issued guidance stressing that Paycheck Protection Program (PPP) loan applicants...more
On April 30, Governor Pritzker issued Illinois’ second stay-at-home order which will remain in effect through May 30. The Order represents the first step in the process to reopen the State during the coronavirus disease 2019...more
5/6/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Essential Workers ,
Manufacturers ,
Operators of Essential Services ,
Retail Market ,
Shelter-In-Place ,
Social Distancing ,
State and Local Government ,
Telecommuting ,
Workplace Safety
On Friday, the President signed the Paycheck Protection Program and Health Care Enhancement Act, which provided an addition $310 billion into the CARES Act’s Paycheck Protection Program. The program goes live again on April...more