It’s never a dull moment when you are a labor and employment lawyer these days! Beyond the steady rise in union activity (a topic of a prior podcast), the administration has issued two rules that are garnering much attention,...more
Husch Blackwell partners Tom O’Day and Tyler Paetkau join Labor Law Insider host Tom Godar in Part II of this discussion of the impact of new Cemex decision by the NLRB. Suddenly, minor violations of the National Labor...more
In Part I of this discussion, Husch Blackwell partners Tom O’Day and Tyler Paetkau join Labor Law Insider host Tom Godar to analyze the NLRB’s Cemex decision, which announced a radical new framework for determining when...more
Key points-
• Democrats in the Wisconsin Legislature introduced a bill which would ban most noncompete agreements.
• The bill would still allow employers to use nondisclosure agreements and restrict use of customer lists...more
Last month, the Equal Employment Opportunity Commission (EEOC) issued a report shedding light on the alleged prevalence of employment discrimination and harassment issues in the construction industry, as well as steps the...more
In the second installment of this two-part Labor Law Insider podcast, attorneys Terry Potter and Tom O’Day join host Tom Godar to discuss the impact of the National Labor Relations Board decision of McLaren Macomb, as well as...more
The Labor Law Insider invites two experienced counsel, attorneys Terry Potter and Tom O’Day, to explore the implications of the National Labor Relations Board’s decision in McLaren Macomb, issued in late February, as well as...more
On February 21, 2023, the National Labor Relations Board (NLRB) ruled that employers covered by the National Labor Relations Act violate Section 8(a)(1) of the Act by merely offering certain confidentiality and...more
A new COVID-related bonus from the State of Minnesota is coming “to thank those Minnesotans who worked on the frontlines during the COVID-19 peacetime emergency.” Certain employers who employed frontline workers in Minnesota...more
On May 30, 2022, Politico published an article with the headline: America’s Hospital Regulator Wasn’t Designed for a Pandemic.” The crux of the article: “[T]he Centers for Medicare and Medicaid Services is ill-equipped to...more
On March 10, 2022, in the case Cree Inc. v. Labor and Industry Review Commission (Cree), the Wisconsin Supreme Court issued a 4-3 opinion holding that the employer’s recission of a job offer based on a domestic violence...more
On Thursday, January 13th, in Joseph R. Biden et al., v. Missouri, et al., the United States Supreme Court released its decision lifting the injunctions imposed by two District Courts that had enjoined enforcement of the...more
On Friday, January 07, 2022, the United States Supreme Court heard oral arguments on a rule promulgated by the Centers for Medicare & Medicaid Services (“CMS”) requiring healthcare workers at specific facilities participating...more
1/11/2022
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Facilities ,
Healthcare Workers ,
Injunctions ,
OSHA ,
Popular ,
SCOTUS ,
Secretary of HHS ,
Vaccinations ,
Virus Testing
On December 15, 2021, in State of Louisiana et al. v. Xavier Becerra, et al., the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) effectively revived the Centers for Medicare and Medicaid Services Interim Final...more
On November 29, 2021, the U.S. District Court for the Eastern District of Missouri (Missouri court) issued a preliminary injunction enjoining the Centers for Medicare and Medicaid Services (CMS) from implementing and...more
Surprise! Monday morning a federal court in Missouri has ordered the Centers for Medicare & Medicaid Services (CMS) not to enforce the vaccine mandate in these states:...more
On November 5, 2021, the U.S. Department of Labor, through the Occupational Safety and Health Administration (OSHA), issued an Emergency Temporary Standard to Protect Workers from Coronavirus (ETS). The ETS covers employers...more
11/16/2021
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Duty to Bargain ,
Employer Mandates ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Vaccinations ,
Virus Testing
What is the latest on vaccine mandates? In this episode, Husch Blackwell's Meg Pekarske is joined by colleague Tom O’Day to discuss the newly released OSHA and CMS rules. They'll uncover the surprises, discuss how to...more
11/12/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Health Care Providers ,
Healthcare Workers ,
Hospice ,
Masks ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 9, 2021, Husch Blackwell’s Labor and Employment practice group shared with the attendees of the 2021 Wisconsin Labor & Employment Virtual Series breaking news regarding Wisconsin state law and COVID-19 testing....more
On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) released an advance copy of the Interim Final Rule (IFR) related to COVID-19 vaccines for most of the entities covered by applicable Conditions of...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Documentation ,
Health Care Providers ,
Healthcare Facilities ,
Interim Final Rules (IFR) ,
Religious Accommodation ,
Title VII ,
Vaccinations
Key Points-
•HF 902 was signed into law on October 28, 2021 and requires employers to issue vaccine waivers to employees who: 1) refuse to receive a COVID-19 vaccine requirement and 2) submit a statement that the vaccine...more
On Wednesday, October 27, 2021, in a vote of 64-52 the Illinois House passed an amendment to the Illinois Health Care Right of Conscience Act (Act) that would allow employers to enforce work rules and policies relating to...more
For the past 18 months, employers have faced a dizzying number of new laws, regulations and employment issues resulting from the COVID-19 pandemic. The latest announcement of COVID-19 vaccine mandates by the White House on...more
The Labor Law Insider continues the discussion in this podcast episode with Husch Blackwell's Tom Godar, Tom O’Day, Terry Potter and Rufino Gaytán on actions employers should take proactively to deter unions from garnering...more
President Biden’s September 9, 2021 Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, directs the federal Safer Federal Workforce Task Force (“Task Force”) to develop COVID-19 workplace...more
9/28/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Documentation ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Joe Biden ,
Masks ,
OSHA ,
Religious Exemption ,
Service Contract Act ,
Social Distancing ,
Subcontractors ,
Vaccinations