Employers May Face Higher Damages in NLRB Cases

In a recent Memorandum to the Regional Offices (September 8, 2021), the General Counsel (“GC”) of the National Labor Relations Board (“Board” or “NLRB”) directs the Regions to seek additional remedies from the Board in unfair labor practice litigation. The … Continue reading

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President Biden Issues New Vaccine Mandate For All Employers With 100 Or More Employees

Frustrated with a lagging rate of vaccinations, the Biden Administration decided to get out the stick since the carrot has not improved the vaccination rates to the levels that it wants to see. The Department of Labor, through the Occupational … Continue reading

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Employers Revisit Mandatory Vaccinations for Employees Following Full Approval of the Pfizer-BioNTech Vaccine

On Monday, August 23, 2021, the Food and Drug Administration (“FDA”) formally approved the Pfizer-BioNTech COVID-19 Vaccine for individuals 16 years of age and older. With this new and much-anticipated approval from the FDA, the Department of Defense immediately mandated … Continue reading

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President Biden Issues Executive Order Encouraging Federal Rule Makers to Limit or Ban Non-Competes

On July 9, 2021, President Biden signed the sweeping Executive Order on Promoting Competition in the American Economy, which outlined over 70 wide-ranging initiatives aimed at promoting competition and workers’ interests. One of these initiatives “encouraged” the Federal Trade Commission … Continue reading

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ESG and Human Capital Reporting: Contemplating Diversity Disclosures

Institutional investors and other stakeholders are seeking better information from public companies on workforce diversity. Company executives and boards are discussing how and what to disclose, and many observers believe the SEC will mandate further disclosures. Auditors are even mapping … Continue reading

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CDC’s New Definition of “Close Contact” May Affect Workplace COVID-19 Response

Most employers are now familiar with pandemic-related terms such as quarantine, isolation, and social distancing, and by now you may have a response plan that incorporates those and other concepts for addressing COVID-19 in the workplace—if you don’t, then now … Continue reading

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The Part-Time Worker Bill of Rights Is Introduced

United States Senator Elizabeth Warren (D-Mass.) and Representative Jan Schakowsky (D-Ill.) announced they will introduce the Part-Time Worker Bill of Rights. If passed, it would: Require employers with more than 500 workers to offer available hours to qualified part-time employees … Continue reading

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The Customer is Not Always Right: Sex Museums and Harassment

New York City’s Museum of Sex (“the Museum”) is facing a lawsuit from a former employee who alleges that the Museum failed to protect her from sexual harassment by her co-workers and the Museum’s patrons.  The plaintiff’s complaint alleges that … Continue reading

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States Push Back on Local Paid-Sick-Leave Laws

Snell & Wilmer’s Josh Woodard and Benjamin Nucci were quoted in Society for Human Resource Management’s HR Magazine article on the state and local paid sick leave laws across the country. Read on here.

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Back-peddling on Who Is the Employer: The NLRB Proposes a Revision to the Joint Employer Standard

In a 2015 controversial decision, the National Labor Relations Board (“NLRB”) ruled that, for purposes of federal labor law violations, a business may be deemed a joint employer of another company’s employees if the business had “indirect” control over those … Continue reading

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