News & Analysis as of September 25, 2024

Occupational Safety and Health Administration

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

OFCCP Week In Review: September 2023

DirectEmployers Association on 9/5/2023

Monday, August 28, 2023: U.S. NLRB “Clarified” 2019 Decision on Wright Line Evidentiary Burden in Dual Motives Causation Cases - Beginning a parade of four sets of major rulings in one week, the National Labor Relations...more

Beltway Buzz - January 2023 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/23/2023

Union Membership Decreases. The percentage of workers who are union members dropped to 10.1 percent in 2022 from 10.3 percent in 2021, according to data released this week by the U.S. Bureau of Labor Statistics (BLS). In the...more

Beltway Buzz - April 2022 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/25/2022

NLRB GC Pushes for Card Checks, Limits on Employer Speech. National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo filed a brief in a case asking the Board to make dramatic changes to federal labor law. The...more

Unionized Private and Public Employers May Have Bargaining Obligations to Meet Before Implementing the ETS and Other Vaccine...

Miller Nash LLP on 12/21/2021

This past Friday, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit lifted the stay on implementing the Emergency Temporary Standard to Protect Workers from Coronavirus (ETS) issued by the federal...more

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

Morgan, Brown & Joy, LLP on 12/2/2021

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

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

Parker Poe Adams & Bernstein LLP on 11/19/2021

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

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

Hogan Lovells on 11/18/2021

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

OSHA’s ETS and the NLRB’s Recent Guidance

Stokes Wagner on 11/18/2021

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

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

Littler on 11/18/2021

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

Unionized Employers Must Bargain About Vaccine Policies

Bodman on 11/17/2021

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

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

Akin Gump Strauss Hauer & Feld LLP on 11/16/2021

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

Department of Labor’s ETS Will Trigger Employers’ Bargaining Obligations, Per NLRB General Counsel

Morgan Lewis on 11/16/2021

National Labor Relations Board General Counsel Jennifer A. Abruzzo issued a memorandum explaining her view of employers’ bargaining obligations in response to the US Department of Labor Occupational Safety and Health...more

Vaccine Mandates May Require Collective Bargaining

Husch Blackwell LLP on 11/16/2021

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

NLRB General Counsel Issues Guidance on Bargaining Obligations under OSHA ETS

Miller Canfield on 11/15/2021

On November 10, 2021, the NLRB General Counsel issued a memorandum discussing the bargaining obligations imposed on covered employers under OSHA's Emergency Temporary Standard to Protect Workers from Coronavirus ("ETS")....more

NLRB GC Addresses Vaccine Mandate Bargaining Obligations

Faegre Drinker Biddle & Reath LLP on 11/15/2021

On November 10, 2021, the National Labor Relations Board’s (NLRB) General Counsel’s office released Memorandum OM 22-03 regarding bargaining obligations arising from the Occupational Safety and Health Administration’s (OSHA)...more

Employers Must Bargain with Unions Over OSHA’s Vaccination-or-Testing Rule

Foley Hoag LLP on 11/12/2021

On November 10, 2021, following the announcement of OSHA’s new vaccination-or-testing rule, the Office of the General Counsel of the National Labor Relations Board released a memorandum addressing employers’ obligation to...more

Beltway Buzz - November 2021 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/12/2021

Infrastructure Bill Passes - Now What? Both the U.S. Senate and U.S. House of Representatives are out this week. But before they left for home, on November 5, 2021, the House of Representatives passed the Infrastructure...more

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

Benesch on 11/12/2021

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

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

Proskauer - Labor Relations Update on 11/11/2021

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

The Top 18 Workplace Law Stories from September 2021

Fisher Phillips on 10/6/2021

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

[Webinar] New Landscapes in Employment Law & Global Mobility - October 7th, 12:00 pm - 1:00 pm EDT

Obermayer Rebmann Maxwell & Hippel LLP on 9/16/2021

Join us on Thursday, October 7, 2021, for the next installment of “HR Legalist Live,” where Obermayer attorneys bring their popular blog to life. This virtual presentation will include: LABOR LAW UPDATE: WHAT TO EXPECT...more

OSHA’s New Health Care Safety Rule From A Labor Perspective

Husch Blackwell LLP on 6/24/2021

On June 10, 2021 OSHA issued a Healthcare Emergency Temporary Standard (ETS) to help address the circumstances surrounding occupational hazards existing in health care during the COVID-19 pandemic. The rule was published in...more

Biden Time: NLRB Guidance Rescinded, Wage-Hour Regs On Hold?, Marty Walsh Moves Up

Constangy, Brooks, Smith & Prophete, LLP on 2/5/2021

And more! It's been another busy week at Chez Biden. I will dive right in. NLRB Acting General Counsel Peter Ohr withdraws 12 memos by former GC Peter Robb. Of course, the withdrawn General Counsel memoranda were relatively...more

Beltway Buzz - December, 2017 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/26/2017

“Let me tell you how it will be; There’s one for you, nineteen for me.” The taxman will look a little different beginning in 2018, as the Tax Cuts and Jobs Act was passed by Congress on December 20—by far the most significant...more

Employers’ Guide To The 1st Presidential Debate

Seyfarth Shaw LLP on 9/27/2016

Seyfarth Synopsis: For a multitude of reasons, the stakes are exceedingly high for employers in the upcoming Presidential election. Legal compliance strategies and effective control of workplace litigation risks inevitably...more

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National Labor Relations Board › Collective Bargaining › Occupational Safety and Health Administration

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