Tag: Employment law

NLRB Announces Plans for Rules on Joint Employment, Union Election Procedures

Employers should be on the lookout for new rules from the National Labor Relations Board (NLRB) related to the definition of joint employment as well as amendments to the Board’s rules on union election procedures made in April 2020. Joint Employment In its announcement of rulemaking priorities on June 21, the NLRB said it plans […]

Temporary Rescission of Job Offer Isn’t Adverse Employment Action, 7th Circuit Rules

Federal law bans employment discrimination against current or prospective employees based on race, age, and other protected classes. Additionally, it prohibits adverse action against employees based on a consumer report unless the findings are provided to the individual. Are the provisions violated when a prospective employee’s job offer is briefly rescinded and then reinstated? A […]

Call For End to Captive Audience Meetings Signals More Change Ahead At NLRB

A memorandum sent to National Labor Relations Board (NLRB) field offices calling for an end to mandatory meetings in which employees must listen to an employer’s side during a union campaign points to more union-friendly actions to come, according to attorneys who advise employers on labor matters. The NLRB on April 7 announced the memorandum in which […]

Are Student Athletes Also Employees?

The U.S. 3rd Circuit Court of Appeals (which covers Pennsylvania employers) recently announced it will consider the most important question in collegiate sports history: whether students who participate in college athletics are employees. The case comes on the heels of the U.S. Supreme Court’s August 25, 2021, decision in NCAA v. Alston, which struck down […]

EEOC

Biden Nomination Moves EEOC A Step Closer to Democratic Majority

President Joe Biden’s nomination of a diversity and inclusion expert for a seat on the Equal Employment Opportunity Commission (EEOC) puts the panel closer to a 3-2 Democratic majority. Kalpana Kotagal’s nomination was announced April 4 for the seat that will come open when Republican Janet Dhillon’s term ends on July 1. Kotagal is a partner […]

Supreme Court

Supreme Court Stays OSHA ETS Rule, Allows CMS Mandate to Move Forward

Earlier today, the U.S. Supreme Court issued its much-anticipated decisions about the COVID-19 vaccine mandates issued by the Occupational Safety and Health Administration (OSHA) for employers with at least 100 employees, and the Centers for Medicare and Medicaid Services (CMS) for healthcare workers. In a 6-3 decision, the Court reimposed a “stay” (or hold) on […]

Healthcare Employers Have Options Despite Nationwide Halt to CMS Vax Mandate

A Louisiana federal district court has issued a nationwide injunction barring the Centers for Medicare and Medicaid Services (CMS) from enforcing its COVID-19 vaccine mandate for healthcare workers. How We Got Here On Monday, November 29, a federal judge in Missouri enjoined the CMS from enforcing the vaccine mandate. The court, however, limited the injunction’s […]

labor union

How Unions Fared in 2020 – Signs from Recent U.S. Bureau of Labor Statistics Poll

Whenever there’s a change in the political party at the White House, we usually see a shift in policy at the National Labor Relations Board (NLRB), too. This year is unique because, in addition to the change in leadership, we are slowly emerging from more than a year of uncertainty caused by the COVID-19 pandemic. […]

Crossing T’s and Dotting I’s Essential In EEOC Charges

Football season is upon us, and so are the clichés associated with it. But clichés all contain kernels of truth, do they not? Here is one: “Football is a game of inches.” So, too, is employment discrimination litigation. For an education on this point and the importance of small details, read on. The ‘T’ Got […]

Binding Arbitration Ordered Despite Agreement Ambiguity

Arbitration agreements are basically contracts, and they won’t be enforced absent proof both parties agreed to their terms. When the agreement is ambiguous and the ambiguity was created by the employer, one might expect a court won’t enforce the contract against the employee. But arbitration agreements are favored by some basic legal tenets, so is […]