On March 27, 2020, NLRB General Counsel John Ring issued General Counsel Memorandum 20-04, entitled “Case Summaries Pertaining to the Duty to Bargain in Emergency Situations” providing employers with guidance “regarding the rights and obligations of both employers and labor organizations, particularly in light of responsive measures taken to contain the virus,” including both “measures taken out of prudence” as well as and other actions that “have been required by state, local or…

Notwithstanding numerous restrictions limiting access to many resources during the ongoing coronavirus (COVID-19) pandemic, marijuana users in states where medicinal and adult use is legal may still have access to cannabinoid supplies. Even as states, counties, and municipalities increasingly restrict or shut down business activities to stem the spread of the virus, many jurisdictions will keep medical marijuana dispensaries open as “essential” businesses like pharmacies and grocery stores. Medical Marijuana Dispensaries Deemed “Essential” Businesses Shelter…

A post on the Management Memo blog will be of interest to many of our readers: “Coronavirus Considerations for Employers with a Unionized Workforce,” by attorneys Adam S. Forman, Michael S. Ferrell, Steven M. Swirsky, and Elizabeth “Libby” Martin of Epstein Becker Green. Following is an excerpt: As we have discussed in prior Advisories, the 2019 Novel Coronavirus (“Coronavirus” or “COVID-19”) public health emergency is raising important issues for employers addressing rapidly developing…

On March 11, 2020, the World Health Organization declared that the 2019 novel coronavirus (known as “COVID-19”) is now a pandemic. The effects continue to be felt in the United States, which currently has well over 1,000 cases of COVID-19. As of March 12, 2020, 19 states have declared a state of emergency to ensure there are resources to address the coronavirus, and President Trump has announced a ban on travel to and from Europe…

Our colleague Maxine Neuhauser at Epstein Becker Green has recently published a post on the Workforce Bulletin blog that will be of interest to our readers in the health care industry: “NJ Supreme Court Rules That the LAD Protects Registered Medical Cannabis Users.” Following is an excerpt: On March 10, 2020 the New Jersey Supreme Court ruled that under the New Jersey Law Against Discrimination (“LAD”), employees who legally use cannabis as permitted by the state’s Compassionate …

Our colleague Nancy Gunzenhauser Popper at Epstein Becker Green has recently published a post on the Workforce Bulletin blog that will be of interest to our readers in the health care industry: “Colorado Mandates 4 Days of Paid Leave for COVID-19 Testing.” Following is an excerpt: On March 10, 2020, Colorado Governor Jared Polis issued an executive order directing he Colorado Department of Labor and Employment (“DLE”) to create emergency rules to “ensure workers in food handling,…

Our colleague  Tzvia Feiertag at Epstein Becker Green has recently published a post on the Workforce Bulletin blog that will be of interest to our readers in the health care industry: “IRS Memo Concludes There Is No Statute of Limitations for ACA Employer Mandate Penalties Under Internal Revenue Code § 4980H.” Following is an excerpt: The IRS Office of Chief Counsel recently issued a memo which, in a surprise to many, concluded that the filing…