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NLRB’s Joint Employer Rule Vacated

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

NLRB's Stricter Contractor Test May Bring Organizing Risks

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

NLRB Adopts Stricter Test for Independent Contractors

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

Update: NLRB’s General Counsel Provides Guidance on Severance Agreements with Broad Confidentiality and Non-Disparagement Clauses

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

NLRB Rules That Employers May Not Offer Severance Agreements with Broad Confidentiality and Non-Disparagement Clauses

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

Proposed Rule Attempts to Ban Non-Compete Clauses as Method of ‘Unfair Competition’ Under Section 5 of FTC Act

Key Points - In an unprecedented step, the Federal Trade Commission has proposed a categorical, nationwide ban on non-compete clauses between employers and employees (or independent contractors). According to the FTC’s...more

Effectively Managing Workforce Contraction in Turbulent Times

Rising inflation, increased costs of capital and the anticipation of a downturn in the economy have caused companies in many industries to begin to implement workforce reorganizations and reductions. In making plans for...more

Washington, D.C.’s New Non-Compete Law Is Now in Effect

Key Points - Originally poised to be one of the broadest non-compete bans in the country, Washington, D.C.’s scaled-back non-compete law became enforceable on October 1, 2022. The new law prohibits non-competition...more

COVID-19 Policy Updates and Implications for the Workplace

On August 11, the U.S. Centers for Disease Control and Prevention (CDC) issued updated COVID-19 guidance “to help people better understand their risk, how to protect themselves and others, what actions to take if exposed to...more

The Drive to Co-Equal Stakeholder: The Evolving Relationship Between Employees and Their Work and Implications for Employers

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

New Federal Law Will Prohibit the Mandatory Arbitration of Sexual Assault and Sexual Harassment Claims

Key Points The EFASASHA will invalidate most contractual provisions requiring the arbitration of claims alleging sexual assault or sexual harassment. The law will also invalidate pre-dispute joint-action waivers that relate...more

Noncompete Laws: 2021 Year in Review

Key Points - President Biden’s July 9, 2021 executive order encouraged the FTC to exercise its statutory rulemaking authority to curtail the unfair use of noncompete agreements. Effective March 1, 2022, a person who...more

Timeline: Executive Order on Promoting Competition in the American Economy – Updated January 5, 2022

On Friday, July 9, 2021, President Biden issued Executive Order (EO) 14036, “Promoting Competition in the American Economy”. In the ensuing months, federal agencies have begun to implement the EO’s 72 initiatives to address...more

[Podcast] COVID, Vaccine Mandates, and Boosters: A Workplace Update

In this special episode, Akin Gump labor and employment practice head Bob Lian and partner Lauren Leyden welcome noted epidemiologist Dr. Stephen Ostroff to update listeners on workplace issues related to...more

Georgia Court Grants Nationwide Injunction Against Federal Contractor Vaccine Mandate

Yesterday, the U.S. District Court for the Southern District of Georgia granted a nationwide preliminary injunction against enforcement of Executive Order 14042 involving the vaccine mandate for federal contractors. The...more

NLRB General Counsel Memo Highlights Collective Bargaining Obligations in OSHA’s Vaccinate-or-Test Mandate for Unionized...

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

OSHA Issues Emergency Temporary Standard for COVID-19 with Vaccinate-or-Test Mandate for Private Sector Employers with 100 or More...

Key Points - On November 4, 2021, OSHA issued an ETS requiring that all employers with 100 or more employees ensure that their employees are fully vaccinated against COVID-19 by January 4, 2022, or tested weekly. By December...more

NLRB GC Memo Says Certain College Athletes Are Employees, Have Right to Unionize

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

Safer Federal Workforce Safety Guidance and the OSHA Emergency Temporary Standard Update

Key Points - The recent announcements around federal contractor requirements for mandatory vaccination and the upcoming OSHA Emergent Temporary Standard have created significant confusion for employers. It’s important...more

New General Counsel Memo Highlights Key NLRB Priorities, Areas for Employer Caution

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

[Podcast] Employer Vaccine Mandates—What You Need to Know

In this episode, Akin Gump labor and employment practice head Bob Lian and partner Lauren Leyden discuss employer vaccine mandates related to coronavirus....more

Timeline: Executive Order on Promoting Competition in the American Economy

On Friday, July 9, 2021, President Biden issued Executive Order (EO) 14036, “Promoting Competition in the American Economy” (see recent alert here). The EO includes 72 initiatives by more than a dozen federal agencies in an...more

Pension Reform Forces Employers to Consider Their Future Participation in Multiemployer Plans

Many employers in the retail, construction, service, entertainment, manufacturing and transportation industries contribute to multiemployer defined benefit pension plans (MEPs) on behalf of their unionized employees. A large...more

President Biden Issues Sweeping Competition Executive Order

Key Points - On Friday, July 9, 2021, President Biden issued EO 14036, “Promoting Competition in the American Economy.” The EO includes 72 initiatives by more than a dozen federal agencies in an aim to address competition...more

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