Friday, July 30, 2021 2:00 p.m. to 3:30 p.m. Eastern 1:00 p.m. to 2:30 p.m. Central 12:00 p.m. to 1:30 p.m. Mountain 11:00 a.m. to 12:30 p.m. Pacific On July 9, 2021, the PBGC issued its interim final rule on ARPA’s Special Financial Assistance (“SFA”) Program for financially troubled multiemployer pension plans.  The new regulations provide guidance on the application process for Special Financial Assistance and the related restrictions and requirements, including the priority in…

By: Seong Kim, Ronald Kramer, and Alan Cabral Seyfarth Synopsis:  On July 9, 2021, the PBGC issued its interim final rule on ARPA’s Special Financial Assistance Program for troubled multiemployer pension plans. This rule governs the application and administration of SFA, and includes special rules regarding employer withdrawals and withdrawal liability settlements for plans receiving SFA. Please see our companion Legal Update on the Pension and Executive Compensation Provisions in the American Rescue…

By David Wilson, Timothy M. Hoppe, Nick Geannacopulos, and Jeffrey Berman Seyfarth Synopsis: California agricultural employers won big before the United States Supreme Court on Wednesday. In Cedar Point Nursery v. Hassid, the Court deemed unconstitutional a California labor regulation which required agricultural employers to allow union organizers onto their property to solicit membership. The case, while focused on private property not opened to the public, could provide employers a tool to limit…

By: Jennifer L. Mora and Jeffrey A. Berman The National Labor Relations Board’s sole Democrat, Chairman Lauren McFerran, has issued two new dissents that portend how a Biden Board likely will reverse precedent established by the Trump Board. This update is our fourth in a multi-part series discussing how Chairman McFerran’s dissents are likely to become the law once President Biden appoints new Board members and the Democrats are in the majority (see here regarding…

In this podcast episode, Ashley Cano, Partner in the Labor and Employment department of Seyfarth’s Chicago office, and John Phillips, Senior Associate in the firm’s Houston office, discuss the National Labor Relations Board’s changing view of the scope of protected concerted activity. With a new Acting General Counsel in charge at the NLRB, the Board is already beginning to shift its focus and promote a more worker- and union-friendly agenda. On March 31st,…

By Molly Gabel Seyfarth Synopsis: The National Mediation Board’s new decertification rule survived the first round of legal challenge. In 2019, the NMB issued a final rule providing a direct decertification process under the Railway Labor Act and a two-year period of repose under which the NMB cannot conduct an election following a decertification. The Transportation Trades Department, AFL-CIO and its member unions challenged the rule through a lawsuit against the NMB in the United…