In her first memorandum as General Counsel, Jennifer Abruzzo laid out a clear agenda for the new enforcement priorities of the National Labor Relations Board (“NLRB”). All unionized and nonunionized private sector employers face the changes that are contemplated in Memorandum GC 21-04, released August 12, 2021. The Memorandum provides a detailed roadmap of the legal […]
The minimum wage for federal contractors may increase to $15.00 on January 30, 2022, up from the current minimum wage of $10.95. President Biden issued Executive Order 14026, which seeks to increase the minimum hourly wage by $4.05 for all federal contractor employees. If implemented: On January 30, 2022, all federal agencies must incorporate the […]
At the conclusion of the EEOC’s administrative process, if a discrimination Charge has not otherwise been resolved, the Agency issues an administrative decision finding either merit to the Charge or not. If the Agency concludes that the Charge has merit, then by statute it must engage in formal Conciliation with the Respondent/Employer in an effort […]
When the EEOC confirmed months ago that employers could mandate Covid-19 vaccines without violating employment laws, the agency did not answer a lingering question regarding a non-employment statute, section 564 of the Food, Drug & Cosmetic Act (Section 564) which governs the vaccines’ emergency use status. Section 564 contains an “option to accept or refuse” […]
In a recent case, the National Labor Relations Board (“NLRB” or “Board”) confronted the issue of whether the display of an inflatable rat (“Scabby”) and banners by a labor union, at the entrance of a neutral site, constituted an unfair labor practice in violation of the secondary boycott prohibition in the National Labor Relations Act […]
As we previously reported, the Protecting the Right to Organize (“PRO”) Act is pending before Congress. With the Pro Act, House and Senate Democrats seek to amend the National Labor Relations Act. Some of the most significant provisions in the PRO Act include provisions that would override state “right-to-work” laws; increase regulation of employer communication […]
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 (“FTC”) to use its statutory rulemaking authority “to curtail the unfair use of non-compete clauses […]
Most employers in California know that they are required to provide non-exempt employees with a 30-minute meal break whenever the employee works more than five hours, a second 30-minute meal break if the employee works more than ten hours and a 10-minute rest break for every four hours (or major fraction thereof) an employee works. Most employers […]
U.S. employers generally must properly complete Form I-9 for each individual they hire for employment in the United States to verify the identify and employment authorization of that individual. As part of that process, the employee must present the company with acceptable and unexpired original documents. In turn, the employer must examine those documents to determine […]
In a 6-3 decision, the United States Supreme Court ruled in favor of two fruit growers who challenged a California state regulation which granted union organizers limited access to agricultural employers’ properties for the purpose of promoting union efforts. The Court’s recent decision in Cedar Point Nursery v. Hassid held that the regulation which allowed unions to “take […]
