The National Labor Relations Board (NLRB) made two announcements recently that should be of concern to all employers with employees not represented by a union. The first announcement was made by the NLRB General Counsel, Jennifer Abruzzo, who announced that she will seek to overturn an employer’s ability to enforce mandatory employee meetings during an
Labor Law
Project Labor Agreements are Now Required for Large Federal Construction Projects
Last week, I wrote a blog post predicting that President Biden may be requiring project labor agreements (PLAs) on projects funded by the Infrastructure Investment and Jobs Acts, effective November 15, 2021 (link here). That prediction has now become reality.
On Friday, February 4, 2022, President Joe Biden signed Executive Order 14063 (EO…
Project Labor Agreements and Government Funded Infrastructure Projects: What You Need to Know Now
As many construction contractors are aware, the new Infrastructure Investment and Jobs Act, effective on November 15, 2021, includes significant monies for transportation, roads, bridges, rail, and other infrastructure construction. President Biden has encouraged public governmental agencies to use project labor agreements (PLAs) on these government-funded infrastructure projects.
What is a PLA?
A PLA requires…
The Roller Coaster Continues: OSHA’s Emergency Temporary Vaccine Standard for Large Employers
Most of our readers are aware that on November 9, 2021, OSHA issued an Emergency Temporary Standard (ETS) requiring covered employers (employers with 100 or more employees) to require employees to be vaccinated against COVID-19. The ETS allows employers to decide whether to adopt weekly COVID-19 testing and mask mandates in lieu of vaccinations. On…
Mandatory COVID-19 Vaccinations and Testing Issued by Federal OSHA
Update 11/8/21 – On Saturday, a three-judge panel in the U.S. Court of Appeals for the Fifth Circuit in Louisiana issued a stay of enforcement of the OSHA rule mandating vaccines for employees of large businesses. The ruling blocks the OSHA rule as outlined below. We are following the situation and will keep you updated. …
Undue Hardship for Religious and Medical Exemptions From a Mandatory COVID-19 Vaccination Policy
Many employers are adopting a mandatory COVID-19 vaccine policy, or they are required by owners, contractors, developers, or state, local or federal government to adopt such a policy for employees working on particular projects. The recognized exceptions to mandatory vaccination policies are for employees who have a medical condition, or employees who have a religious…
The NLRB Gets Tougher on Penalties for Unfair Labor Practices
Several months ago, we settled an unfair labor practice charge filed by an employee against our client alleging retaliation for the employee’s protected concerted activity. The employee had enlisted the support of other employees in challenging certain pay practices, and it was alleged that the charging party was terminated because of those efforts, rather than…
An Employer’s Guide to Addressing Requests for Religious Exemption From a Mandatory COVID-19 Vaccine Policy
Employers mandating that employees be vaccinated against COVID-19 should know how to respond to an employee’s request for a religious exemption from the vaccination policy. In this post, I discuss the process an employer can use to distinguish an employee’s personal opposition to a vaccination from a sincerely held religious belief that qualifies as a…
Data Breaches: How Employers Can Protect Themselves from the Fallout
Cyberattacks on employers’ systems or on third parties with whom employers do business are on the rise across the country. Employers need to take a hard look at their current systems to avoid a data breach that affects their employees. In this podcast, Phyllis Karasov and Chris Young discuss how employers can plan for the…
We Are on the Brink of Change – Labor Law Under President Biden’s Administration
During President Biden’s campaign, he described himself as a “union man.” We are nearing the first 100 days of President Biden’s presidency, and his appointments to the NLRB and the U.S. Department of Labor (“DOL”) are consistent with that description. He has been appointing pro-union representatives including current or former state and federal officials who…