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Employment, Labor and Benefits

The Coronavirus Aid Relief and Economic Security Act (the “CARES Act”) provides important public funding to small businesses. The following are some of the highlights of the Paycheck Protection Program (the “Program”) which is part of the CARES Act. This Program is an expansion of the Small Business Administration (“SBA”) 7(a) loan program. The available

The U.S. Department of Labor (“DOL”) has published the model notice which employers must post as required by the Families First Coronavirus Response Act (“FFCRA”).  The notice must be posted in conspicuous places on the premises of the employer where notices to employees are customarily posted.   An employer can satisfy this requirement by emailing or

Woman working from home

This article is co-written by:
Phyllis Karasov, Larkin Hoffman
Larry Morgan, Orion HR Group, LLC

In light of the coronavirus, the majority of employers are allowing, if not mandating, that employees work from home (WFH). What should employers be thinking about when arranging for employees to telecommute?

  1. Determine which positions lend themselves to WFH. Obviously,

https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/guidance-business-response.htmlUpdated 3/16/2020

An employer’s response to the coronavirus pandemic can change from day-to-day, depending on guidance and recommendations issued by the CDC, state departments of health, OSHA and the World Health Organization.

The questions employers are asking are changing depending on the day, as are the answers!

Can employers question their employees about their recent

In December 2018, President Trump made his third appointment to the NLRB, giving the Republicans a majority on the five-person Board. 2019 has seen a number of Board decisions in which the Board reversed or narrowed its decisions made by a Board which was controlled by Democratic appointees.

Union Election Rules
In 2014, the NLRB

Whether a business’s employees are represented by a union or not, all employers should be concerned about the pending Protecting the Right to Organize Act (“PRO Act”) being considered by Congress.  If enacted, the PRO Act will alter fundamental principles of labor law and significantly prejudice the rights of employers. Supporters of the PRO Act

Whether or not two or more employers are joint employers, thereby making them liable for each other’s violations of the law, has been a very hot topic of late.  The NLRB, in Browning-Ferris, found a staffing agency to be a joint employer with its client Browning-Ferris, because Browning-Ferris had the right to exercise control

Employers have long disliked labor unions’ use of inflatable rats, large balloon cats, mock funerals and other types of dramatic protests mounted when a labor union wants to exert pressure on a company to cease doing business with the employer with whom the union has a dispute.  The National Labor Relations Act (NLRA) expressly prohibits

Most of us have driven behind or next to a driver who is talking on a cell phone.  Some of you have driven with a cell phone leaning on your ear.  Obviously, a cell phone can be distracting and can be a factor in an accident.

The Minnesota legislature decided to reduce the threat that

Employee work rules and policies continue to be controversial at the National Labor Relations Board (NLRB).  Under President Obama, the NLRB determined that many common employer policies and work rules violated the National Labor Relations Act (NLRA) because they interfered with and chilled employee rights to engage in protected concerted activity.  The NLRB found these