Union organizing is down as compared to previous years, but that does not mean employers should believe that support for labor unions has decreased.  NLRB records indicate that the number of representation petitions filed in 2020 is dramatically down from each of the previous four years.  This reduction in representation petitions can be attributed to

After much hand wringing, negotiation and name-calling, Congress has passed its second COVID-19 stimulus package, which was signed by President Trump on Sunday, December 27, 2020. For months, clients have been asking whether the Families First Coronavirus Response Act (“FFCRA”) will be renewed or whether it will expire on December 31. We now have the

The EEOC has encouraged employers to voluntarily modify employment practices and systems which create barriers to equal employment opportunity, without waiting for litigation or formal government action.  The EEOC has said that the principle of nondiscrimination in employment because of race, color, religion, sex or national origin and the principle that each employer should take

On August 14, we wrote a blog post that discussed the impact of a New York court case which invalidated several features of the Final Rule issued by the U.S. Department of Labor (DOL) to implement the Families First Coronavirus Response Act (FFCRA).  At that time, it was unclear whether the court’s decision applied throughout

When COVID-19 began its pernicious spread, causing Americans to lock down and employers to close or curtail their workplaces, lawyers were busy advising clients on required leaves of absence, the eligibility of laid-off employees for unemployment compensation and other paid benefits, as well as other legal issues associated with closing a business or sending a

We are all waiting for a COVID-19 vaccine. When we have a vaccine, can an employer require that applicants and employees be vaccinated against COVID-19? Employers have a legitimate desire to keep their workplaces safe and to protect their employees from contracting COVID-19 in the workplace. Phyllis Karasov and Dan Ballintine discuss the practical and legal issues associated with an employer mandatory vaccination program.
Continue Reading To Require Vaccines or Not: That is the Question

Effective April 1, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA) obligating employers to provide Emergency Paid Sick Leave (EPSL) and Emergency Family Leave (EFL) to employees who are unable to work because of the pandemic.  The U.S. Department of Labor (DOL) issued a Final Rule effective April 6, 2020, expanding on the

This post is co-written by Phyllis Karasov and Mike Schechter.

On Wednesday, June 24, we wrote an article on the Minnesota Department of Labor and Industry’s guidance that requires a preparedness plan for the construction industry. The guidance was confusing and placed onerous responsibilities on contractors, owners and public entities, including ensuring that plans among

OSHA has been criticized for failing to promulgate a new standard for COVID-19.  The AFL-CIO sued OSHA in U.S. federal court, requesting a court to order OSHA to publish an emergency temporary standard covering COVID-19. Last week the D.C. Court of Appeals dismissed the lawsuit and the AFL-CIO has appealed.

Meanwhile in Minnesota, the State