In light of the COVID-19 pandemic, many employers have been forced to conduct staff layoffs as businesses were closed in compliance with shelter-in-place orders and subsequently rehire employees as lockdown restrictions have been lifted. One concern employers should bear in mind is how the layoffs and later rehiring of employees impact the enforceability of any previously agreed upon restrictive covenant agreements.…

Beginning July 27, 2020, Virginia will become one of the first states to implement comprehensive, mandatory safety regulations for employees returning to work during and post-COVID.  In a press release last week, Governor Ralph Northam announced that the Virginia Safety and Health Codes Board had voted to adopt an emergency temporary standard, §16VAC25-220, which is designed to “control, prevent, and mitigate the spread of” COVID-19.…

On Tuesday, the National Labor Relations Board (NLRB or Board) issued its much-awaited decision in General Motors, LLC (GM), 369 NLRB No. 127 (2020), in which it held that abusive or inappropriate workplace speech by employees engaged in protected concerted or union activity (PCA) is not protected under the National Labor Relations Act (NLRA or Act) and that employers may discipline workers for engaging in such conduct, provided, the discipline is not shown to…

Most employers wrestling with COVID-19 related employment law issues aren’t paying much attention to the labor law issues arising out of the pandemic.  Indeed, because most U.S. employers are non-union, many operate under the mistaken belief that they fall outside the reach of the National Labor Relations Act (Act or NLRA) and don’t have to concern themselves with labor law compliance.  However, the NLRA protects almost all private sector employees regardless of whether they are…

Last August, we wrote about three important new rules that the National Labor Relations Board (Board or NLRB) was proposing to issue.  As proposed, the new rules reversed existing Board case handling practices and/or case law and essentially codified certain substantive changes in the Board’s law through the formal rulemaking process.  Because these changes were slated to be the subject of formal rulemaking, once enacted, they could neither be ignored by the Board nor…

Last August, we wrote about three important new rules that the National Labor Relations Board (Board or NLRB) was proposing to issue.  As proposed, the new rules reversed existing Board case handling practices and/or case law and essentially codified certain substantive changes in the Board’s law through the formal rulemaking process.  Because these changes were slated to be the subject of formal rulemaking, once enacted, they could neither be ignored by the Board nor…

Important Upcoming Registration Deadline:  California employers with more than 100 employees are required to register (or certify as exempt) with the CalSavers Retirement Savings Program (CalSavers) by September 30, 2020 (the original deadline of June 30, 2020 was extended due to the COVID-19 pandemic).  The registration deadline for California employers with 100 employees or fewer will be phased-in over the next two years.  California employers with 51 to 100 employees are required to register by…