Inherently Concerted Activities

On March 31, 2021, Peter Sung Ohr, Acting General Counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a Memorandum (GC 21-03) to all NLRB Regional Offices outlining his perspective regarding the prosecution of charges involving whether … Continue reading

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California’s New COVID-19 Supplemental Paid Sick Leave—Senate Bill No. 95

On March 19, 2021, Governor Newsom signed Senate Bill No. 95 which requires covered employers to provide a new bank of supplemental paid sick leave for certain COVID-19-related reasons. This bill goes into effect 10 days from enactment, on March 29, 2021, … Continue reading

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The American Rescue Plan Act: How the New Legislation Affects Employers

On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) of 2021. Within this $1.9 trillion relief Bill, Congress extended certain previously enacted COVID-19 stimulus package provisions and expanded on previous measures, providing more relief and creating new … Continue reading

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The PRO Act’s Potential Effect on Employers

On Tuesday, March 9, 2021, the House of Representatives passed the Protecting the Right to Organize (PRO) Act. With the PRO Act, House and Senate Democrats seek to amend the National Labor Relations Act. Here, we outline a few key … Continue reading

Posted in Independent Contractor, NLRA, Unions | Tagged ,

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The New Reality: The Remote Workplace Is Here—Maybe Permanently!

A recent survey conducted by the Society of Human Resource Managers revealed that one of the top employment issues businesses face today is how best to train supervisors to effectively manage a remote workforce.  Close behind supervisory training is the … Continue reading

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Not So Fast: EEOC Withdraws Its Recently Issued Proposed Rules Addressing Employer Vaccination Incentives

Employers may recall that, in the final days of the Trump Administration, the EEOC issued proposed regulations addressing incentives related to wellness programs and their lawfulness under the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). … Continue reading

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Pregnancy Likely to Be Added to Short List of Required Employment Accommodation

Most federal and state employment discrimination laws prohibit any kind of adverse personnel action based upon any of the enumerated protected categories, e.g., race, sex, national origin, age, etc.  Currently, only two federal discrimination laws go further and, not only … Continue reading

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California Employers with 100+ Employees Should be Aware of Fast Approaching Pay Data Report Deadline

Employers with 100 or more employees nationally and at least one employee in California are required to submit a pay data report to the Department of Fair Employment and Housing no later than March 31, 2021.  Similar to the Federal … Continue reading

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USCIS Delays Wage-Based Selection Process for H-1Bs

On February 4, 2021, USCIS announced that it was delaying the effective date of the final rule that would have altered the way H-1Bs were allocated in the lottery process. See here.  Under the rule entitled “Modification of Registration Requirement … Continue reading

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President Biden Focuses on Strengthening COVID-19 Workplace Compliance

Occupational Safety & Health Administration (OSHA) issues and proposed actions took center stage in the first week of the Biden Administration. The President called for greater enforcement by OSHA of more stringent worker safety standards. Central to this call is greater … Continue reading

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