News & Analysis as of

Voluntary Participation

Jackson Lewis P.C.

Showdown Over Workplace Speech – Litigation Filed to Enjoin SB 399 Prohibiting Mandatory Meetings During Union Organizing

Jackson Lewis P.C. on

On January 1, 2025, Senate (SB) Bill 399, officially went into effect in California. California joined other states, including Illinois, Connecticut, Hawaii, New York, and Oregon, in enacting statutes that prohibit “captive...more

Conn Maciel Carey LLP

Light at the End of the Tunnel: Five NLRB Changes Employers Can Anticipate in 2025 and Beyond!

Conn Maciel Carey LLP on

I have come to know and believe the adage that: the only thing constant is change. In less than 30 days, we will bid farewell to 2024. As we usher in 2025 with great expectations, we know that change is on the horizon. And in...more

Balch & Bingham LLP

NLRB Outlaws “Captive Audience” Union Campaign Meetings

Balch & Bingham LLP on

On November 13, 2024, the National Labor Relations Board ruled that Amazon.com Services committed an unfair labor practice by requiring employees to attend a work time meeting to hear Amazon’s views on union representation....more

Conn Maciel Carey LLP

NLRB Delivers Another Sucker Punch to Employers by Outlawing Mandatory Captive Audience Meeting

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Going against decades of precedent, the National Labor Relations Board (“the Board”), in Amazon.com, 373 NLRB No. 136 (2024), held that employers violate federal labor law when they require employee attendance at meetings...more

Whiteford

Employment Law Update: NLRB Bans Captive-Audience Meetings: A Sea Change for U.S. Employers

Whiteford on

On November 13, 2024, in a landmark decision, the National Labor Relations Board (NLRB) ruled that “captive audience” meetings — where an employer requires workers to attend a meeting in which the employer expresses its...more

McCarter & English, LLP

NLRB Bans Captive Audience Meeting—But Will It Stick?

McCarter & English, LLP on

The National Labor Relations Board (NLRB) has overturned a 1948 precedent and declared that an employer commits an unfair labor practice in violation of the National Labor Relations Act (NLRA) when it requires employees to...more

Jackson Lewis P.C.

Clear the Calendar: NLRB Restricts Captive Audience Meetings

Jackson Lewis P.C. on

In a landmark decision, the National Labor Relations Board has significantly altered the landscape of employer free speech rights by restricting the use of mandatory “captive audience” meetings. 373 NLRB No. 136 (Nov. 13,...more

Amundsen Davis LLC

NLRB Bans Mandatory Captive Audience Meetings to Help Unions Mislead Workers

Amundsen Davis LLC on

Since 1948, employers could lawfully require employee attendance at on the clock captive audience meetings, even under threat of discharge or discipline. That changed this week as the National Labor Relations Board (NLRB), in...more

Husch Blackwell LLP

NLRB Curtails Employers' Ability to Advocate to Remain Union Free: Long-Standing Precedent Rebuked

Husch Blackwell LLP on

On November 13, the National Labor Relations Board (NLRB) issued a decision in Amazon.com Services LLC, 373 NLRB No. 136 (2024) ruling that an employer violates the National Labor Relations Act by requiring employees under...more

Constangy, Brooks, Smith & Prophete, LLP

ADA challenge to wellness incentives stays alive

Employers, take warning! A federal judge in Illinois refused this week to dismiss a class action lawsuit brought under the Americans with Disabilities Act based on a "voluntary" wellness program. Employers should review...more

Goodwin

DoD Significantly Expands Voluntary Cybersecurity Program for Defense Contractors

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The U.S. Department of Defense (DoD) published a finalized rule on March 12, 2024, which expands access to defense contractors who wish to participate in the Defense Industrial Base (DIB) Cybersecurity (CS) Program....more

Latham & Watkins LLP

Bank of England Unveils Changes to the PRA’s Approach to Enforcement

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Recent changes to the PRA’s approach to enforcement show an increased focus on expediting the investigative process and incentivising early admissions. On 30 January 2024, the Bank of England (the Bank) unveiled a number...more

Holland & Hart - Employers' Lawyers

Accommodating a Request for Worship Space in the Workplace

Question: Do employers need to provide a space for employees to worship and/or pray in the office? The short answer is: Maybe. You must reasonably accommodate em­ployees’ sincerely held religious, ethical, or moral...more

Goodwin

A Practical Look at OIG’s New Compliance Guidance

Goodwin on

On November 6, 2023, for the first time in 15 years, HHS OIG issued a new reference guide for the health care compliance community – the General Compliance Program Guidance, or GCPG. While the GCPG does not set new legal...more

Womble Bond Dickinson

Tech Giants' Pledge: Responsible AI Development for a Safer Future

Womble Bond Dickinson on

On Friday, July 21, 2023, the White House announced that Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI voluntarily committed to numerous principles for the responsible development of artificial...more

Cozen O'Connor

The Interplay Between Ted Lasso and OSHA

Cozen O'Connor on

WARNING: Spoiler alert! STOP reading now if you do not want to read spoilers which are used as examples to illustrate points in the blog article. As viewers know, Ted Lasso is a feel good show about an American college...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Seeks to ‘Modernize, Expand, and Enhance’ Its Voluntary Protection Programs

Most employers think of the Occupational Safety and Health Administration (OSHA) and see a dense series of interwoven regulations, aggressive investigators, and a hammer in search of a nail (i.e., citable violative conduct)....more

McGlinchey Stafford

IRS Proposes New Program for Service Industry Employers to Avoid Paying Tax on Employee Unreported Tips

McGlinchey Stafford on

The Internal Revenue Service (IRS) is proposing a new voluntary program, referred to as the Service Industry Tip Compliance Agreement (SITCA) program, for employers in service industries to avoid paying the employer’s share...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Vermont to Launch Voluntary Paid Family and Medical Leave Program

On December 6, 2022, Vermont Governor Phil Scott announced that the state will launch a voluntary paid family and medical leave program that will provide workers in the state with such leave insurance by 2025. With the move,...more

BakerHostetler

Note of Caution to Compounding Pharmacies

BakerHostetler on

Key Takeaways: ..FDA created a new category for voluntary firm registration after NECC compounding fungal meningitis outbreak in 2012. ..Individuals face criminal liability for misrepresentations made to FDA. ...more

Constangy, Brooks, Smith & Prophete, LLP

Nasty language may be protected concerted activity, court says

Non-union employers, this goes for you, too! An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more

Vinson & Elkins LLP

Not So Captive, Captive Audience Meetings

Vinson & Elkins LLP on

Every year, April brings surprises for the unwary — typically in the form of an April fool’s joke. By way of example, this past April 1st, I nearly had a heart attack when I awoke to a purportedly fake post depicting the...more

Weintraub Tobin

Ninth Circuit Saves Most Of California’s New Anti-Employment-Arbitration Law

Weintraub Tobin on

On September 15, 2021, California’s efforts against the enforcement of employment arbitration agreements continue as the Ninth Circuit reversed, in part, a district court’s conclusion that California Assembly Bill 51 (AB 51)...more

BakerHostetler

‘An Offer You Can't Refuse': Best Practices for Responding to SEC ‘Voluntary' Requests

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Many companies registered with the Securities and Exchange Commission (“SEC” or “Commission”), whether as a public company, an investment adviser, or a broker-dealer, will undergo an inquiry or a formal investigation by the...more

Jackson Lewis P.C.

Incentives: From Water Bottles To “Not So Substantial”

Jackson Lewis P.C. on

For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more

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