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NLRB General Counsel Says Non-Compete Agreements Violate the NLRA

It’s no secret that non-compete agreements have recently come under greater scrutiny by the federal government.  In July 2021, President Joe Biden signed an Executive Order on “Promoting Competition in the American Economy”...more

The National Labor Relations Board 2022 Year In Review

2022 was a great year for U.S. labor unions and employees, but not so much for U.S. employers. The Biden National Labor Relations Board (NLRB) dug in and got to work, reversing precedent and charting a course to reinterpret...more

NLRB Holds Employers Must Continue Dues Checkoff After Expiration of Collective Bargaining Agreement

In Valley Hospital Medical Center, 371 NLRB No. 160 (Sept. 30, 2022) (Valley Hospital II), a divided National Labor Relations Board held that employers must continue to deduct union dues from employees’ pay and remit such...more

NLRB Issues Proposed Rule for Determining Joint-Employer Status

Whether two entities are “joint employers” is an important question under the National Labor Relations Act. Consider Company A, which contracts with Company B, a staffing company, to provide maintenance or other services at...more

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more

OSHA Withdraws COVID-19 Vaccination or Testing ETS

As explained in our previous post, on January 13, 2022, the United States Supreme Court blocked the OSHA vaccination or testing Emergency Temporary Standard (“ETS”) pending full consideration of the matter by the Sixth...more

Sixth Circuit Dissolves Stay of OSHA ETS, Permitting OSHA to Resume Implementation of ETS

On December 17, 2021, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit dissolved the stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing...more

Sixth Circuit Selected to Hear Consolidated Challenge to OSHA ETS, after the Fifth Circuit Issues a Stay

On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) published its much-anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) requiring, among other things, that most...more

Biden Executive Order on Competition Targets Labor Markets, Including Non-Compete Agreements and Information Sharing

On July 9, 2021, President Joe Biden signed a sweeping Executive Order on “Promoting Competition in the American Economy”. The Executive Order includes 72 initiatives by more than a dozen federal agencies to address...more

Congress Passes Coronavirus Relief Bill Extending FFCRA Leave Tax Credits, But Not Mandatory FFCRA Leave Itself

On December 21, 2020, Congress passed a $900 billion coronavirus relief bill (“relief bill”) as part of a broader spending bill for fiscal year 2021.  President Trump signed the relief bill on December 27, 2020.  In...more

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