Labor and Employment Law Blog

Frustrated with a lagging rate of vaccinations, the Biden Administration decided to get out the stick since the carrot has not improved the vaccination rates to the levels that it wants to see. The Department of Labor, through the Occupational Safety and Health Administration (OSHA), plans to issue an Emergency Temporary Standard (ETS) within the next couple of weeks mandating that all employers with 100 or more employees require their workers to be vaccinated or…
In a recent Memorandum to the Regional Offices (September 8, 2021), the General Counsel (“GC”) of the National Labor Relations Board (“Board” or “NLRB”) directs the Regions to seek additional remedies from the Board in unfair labor practice litigation. The additional remedies discussed in the Memorandum would significantly increase the financial exposure risks that employers face in those proceedings. In essence, the Memorandum directs the Regions to seek additional and much more burdensome and costly…
On Monday, August 23, 2021, the Food and Drug Administration (“FDA”) formally approved the Pfizer-BioNTech COVID-19 Vaccine for individuals 16 years of age and older. With this new and much-anticipated approval from the FDA, the Department of Defense immediately mandated the Pfizer vaccine for all military service members. Nationwide, many companies are now strongly considering requiring their employees to be vaccinated or risk being let go. These companies are using the FDA’s recent approval as…
In her first memorandum as General Counsel, Jennifer Abruzzo laid out a clear agenda for the new enforcement priorities of the National Labor Relations Board (“NLRB”). All unionized and nonunionized private sector employers face the changes that are contemplated in Memorandum GC 21-04, released August 12, 2021. The Memorandum provides a detailed roadmap of the legal precedents and case-handling processes that Ms. Abruzzo advocates changing during her four-year term. To learn more about the Memorandum, click here
The minimum wage for federal contractors may increase to $15.00 on January 30, 2022, up from the current minimum wage of $10.95. President Biden issued Executive Order 14026, which seeks to increase the minimum hourly wage by $4.05 for all federal contractor employees. If implemented: On January 30, 2022, all federal agencies must incorporate the new minimum wage into new federal contract solicitations; By March 30, 2022, all agencies must actually implement the new…
At the conclusion of the EEOC’s administrative process, if a discrimination Charge has not otherwise been resolved, the Agency issues an administrative decision finding either merit to the Charge or not.  If the Agency concludes that the Charge has merit, then by statute it must engage in formal Conciliation with the Respondent/Employer in an effort to settle the matter without litigation. If Conciliation efforts fail, then the EEOC makes an administrative decision whether to file…
When the EEOC confirmed months ago that employers could mandate Covid-19 vaccines without violating employment laws, the agency did not answer a lingering question regarding a non-employment statute, section 564 of the Food, Drug & Cosmetic Act (Section 564) which governs the vaccines’ emergency use status. Section 564 contains an “option to accept or refuse” condition, and some employees have relied on that condition in arguing that it allows them to refuse the vaccine mandated…
In a recent case, the National Labor Relations Board (“NLRB” or “Board”) confronted the issue of whether the display of an inflatable rat (“Scabby”) and banners by a labor union, at the entrance of a neutral site, constituted an unfair labor practice in violation of the secondary boycott prohibition in the National Labor Relations Act (“Act”). Lippert Components Inc., 371 NLRB No. 8 (2021). In essence, the union had a dispute with a contractor (primary employer)…
As we previously reported, the Protecting the Right to Organize (“PRO”) Act is pending before Congress.  With the Pro Act, House and Senate Democrats seek to amend the National Labor Relations Act.  Some of the most significant provisions in the PRO Act include provisions that would override state “right-to-work” laws; increase regulation of employer communication with employees during the unionization process and therefore restrict employer influence on unionization; ban mandatory arbitration agreements; and change the…
On July 9, 2021, President Biden signed the sweeping Executive Order on Promoting Competition in the American Economy, which outlined over 70 wide-ranging initiatives aimed at promoting competition and workers’ interests. One of these initiatives “encouraged” the Federal Trade Commission (“FTC”) to use its statutory rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” While efforts to curtail the use of non-competes are…