On October 26, 2023, the National Labor Relations Board (NLRB or “the Board”) issued its long-awaited final rule (“New Rule”) addressing the standard for determining joint-employer status under the National Labor Relations...more
11/2/2023
/ Browning-Ferris Industries of California Inc. ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Unions
Recent disruptions in the financial services sector as well as an economic downturn in certain industries, including high tech, may create an immediate and unanticipated liquidity crisis for impacted employers. When faced...more
The national conversation around union organization – increasingly lively of late – has focused on “new” players, whether grassroots unions, college-educated employees in the service industry, or professionals in the...more
5/25/2022
/ Automotive Industry ,
Biden Administration ,
Employees ,
Employer Liability Issues ,
Manufacturers ,
NLRB ,
NLRB General Counsel ,
Training ,
Union Representatives ,
Unions ,
Workplace Safety
State and Local Order Rule and Regulatory Impact -
Q: Does the CDC’s new guidance for vaccinated people impact state and local orders or rules that may still require mask wearing and social distancing?
A: No. As...more
5/18/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Confidentiality Policies ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Social Distancing ,
State and Local Government ,
Vaccinations ,
Workplace Safety
Since the outbreak of the COVID-19 pandemic earlier this year, employers have been placed in the position of having to deal with numerous conflicting legal and moral obligations. Prior to the pandemic, by virtue of the...more
Coronavirus, whose formal name is COVID-19, has been the subject of much media attention since the first outbreak in Wuhan, China, late last year. Just like recent outbreaks of the swine flu, the avian flu, SARS and the West...more
2/25/2020
/ Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Risk Management ,
Traveling Employee ,
Workplace Safety
The U.S. Immigration and Customs Enforcement agency (ICE) recently released statistics on its worksite enforcement activities for the federal fiscal year ending on September 30, 2018. It should surprise no one that worksite...more
12/18/2018
/ Arrest ,
Audits ,
Criminal Prosecution ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Records ,
Undocumented Immigrants ,
Workplace Investigations
The following is a wake-up call to all employers, especially those in the health care industry, that have adopted “zero tolerance policies.” These policies will increasingly butt up against the tidal wave of laws legalizing...more
10/1/2018
/ Controlled Substances Act ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
False Claims Act (FCA) ,
Health Care Providers ,
Job Applicants ,
Marijuana ,
Medical Marijuana ,
Recreational Use ,
Zero Tolerance Policies
The Trump administration’s mark is certainly evident at the National Labor Relations Board (NLRB) and health care employers are breathing a sigh of relief.
The NLRB is a five member Board that decides cases governing most...more
3/1/2018
/ Browning-Ferris Industries of California Inc. ,
Employer Liability Issues ,
Health Care Providers ,
Joint Employers ,
NLRB ,
Nurses ,
Operating Agreements ,
Physicians ,
Privacy Policy ,
Public Comment ,
Quickie Election Rules ,
Trump Administration ,
Unions
As explained in this companion article, the National Labor Relations Board (NLRB) gave employers an early holiday gift with its reversal of the Obama-era joint employer test. But the Board had even more holiday cheer to...more
It’s that time of year when students around the country head back to school. In addition to watching their office supplies fly out of their store rooms, employers will see an increase in employee requests for time off work to...more
Warning: The following is true. Some readers may find the content disturbing. Reader discretion is advised.
We have previously stated, although in somewhat tongue-in-cheek fashion, that labor and employment is the “TMZ”...more
By all accounts, Bring Your Own Device (BYOD) to work is catching on like wildfire because virtually every American worker holds a device in the palm of their hand which is faster and more powerful than some of the most...more
As we have previously noted, employers are increasingly resorting to arbitration agreements, waivers and releases and other strategies in an attempt to limit liability in employment matters and reduce or eliminate the risk...more