News & Analysis as of

NLRB General Counsel Virus Testing

Perkins Coie

Labor Law Today—2021 Year in Review

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The Board’s composition changed significantly during 2021, switching from a Republican to a Democrat-appointed majority. The five seats on the Board are traditionally filled by two Democrats, two Republicans, and a chairman...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2022

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Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

Jackson Lewis P.C.

Top Five Labor Law Developments for November 2021

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1. On Nov. 19, 2021, the House passed a version of the Build Back Better Act that would vastly expand employer liability under the National Labor Relations Act (NLRA). The bill adds aggressive “civil penalties,” on top of the...more

Fisher Phillips

The Top 16 Workplace Law Stories from November 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Morgan, Brown & Joy, LLP

NLRB General Counsel Explains Bargaining Obligations for Unionized Employers regarding the New Emergency Temporary Standard to...

On November 10, 2021, the National Labor Relations Board’s General Counsel’s’ Office issued Memorandum OM-22-03 outlining an employer’s bargaining obligations with their unions relating to the recent Emergency Temporary...more

Parker Poe Adams & Bernstein LLP

How Should Employers Bargain With Unions Over OSHA's Vaccinate-or-Test Mandate?

Assuming it takes effect at some point, the Occupational Safety and Health Administration’s new COVID-19 emergency temporary standard (ETS) includes new legal mandates, as well as several options for affected employers. Chief...more

Hogan Lovells

NLRB general counsel issues guidance on bargaining obligations in relation to OSHA ETS

Hogan Lovells on

On November 10, the National Labor Relations Board (NLRB) Office of the General Counsel (GC), issued a memorandum with its position on unionized employers’ bargaining obligations when implementing the Occupational Safety and...more

Stokes Wagner

OSHA’s ETS and the NLRB’s Recent Guidance

Stokes Wagner on

Based on recent guidance from the Office of the General Counsel of the National Labor Relations, covered employers with unionized workers must engage their employees’ unions when developing their vaccination and/or testing...more

Littler

NLRB Memo Addresses Bargaining Obligations Over OSHA’s COVID-19 Emergency Temporary Standard

Littler on

On November 10, 2021, Joan A. Sullivan, acting associate general counsel of the National Labor Relations Board, released Operations Management Memorandum 22-03 (OM 22-03) concerning bargaining obligations under the Department...more

ArentFox Schiff

NLRB’s General Counsel’s Office Issues Guidance on the Obligation to Bargain Over Implementing OSHA’s COVID-19 ETS

ArentFox Schiff on

We have reported on OSHA Emergency Temporary Standard (“ETS”), published on November 5th, that mandates that covered employers require their employees to be fully vaccinated against COVID-19 or obtain weekly COVID-19 tests...more

Bodman

Unionized Employers Must Bargain About Vaccine Policies

Bodman on

On November 10, 2021, the National Labor Relations Board’s General Counsel published OM 22-03 regarding the duty to bargain over issues related to the Occupational Safety and Health Administration’s (“OSHA”) Emergency...more

Epstein Becker & Green

#WorkforceWednesday: Vaccine Mandate Compliance for Large Employers, Unionized Employers, and Health Care Providers - Employment...

Epstein Becker & Green on

This week, we look at the next steps large employers and health care providers need to take to comply with vaccine mandate rules applicable to their organizations. OSHA ETS: Next Steps for Large Employers (see video...more

Akin Gump Strauss Hauer & Feld LLP

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

Fisher Phillips

NLRB’s General Counsel Tells Unionized Employers They Must Bargain Over Mandate-or-Test Vaccine ETS Rule

Fisher Phillips on

The National Labor Relations Board’s General Counsel just issued a Memorandum staking out her position that unionized employers must bargain with their unions over the implementation of OSHA’s recently announced...more

Husch Blackwell LLP

Vaccine Mandates May Require Collective Bargaining

Husch Blackwell LLP on

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

Benesch

NLRB General Counsel Advises Employers May Have Duty To Bargain Over COVID-19 OSHA Rule

Benesch on

Employers covered under OSHA’s Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”) have a duty to bargain with unions representing employees over certain aspects of the ETS, according to Jennifer Abruzzo,...more

Proskauer - Labor Relations Update

BREAKING: NLRB General Counsel Issues Memo on Bargaining Obligations Under OSHA’s Vaccination Requirements

On November 10, 2021, General Counsel Jennifer Abruzzo issued a memorandum outlining bargaining obligations under OSHA’s Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”).  Responding to Inquiries...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

DirectEmployers Association

OFCCP Week In Review: October 2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Jackson Lewis P.C.

Top Five Labor Law Developments For July 2021

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1. The Senate confirmed Jennifer Abruzzo to the National Labor Relations Board (NLRB) General Counsel post and Gwynne Wilcox and David Prouty as NLRB members. Approved on July 21 by a narrow 51-50 vote, with Vice President...more

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