An employee writes “whore board” on a company bulletin board — you can fire him, right? Not according to the NLRB and now the federal D.C. Circuit Court of Appeals. In Constellium Rolled Products v. NLRB, the employer’s discipline and the NLRB’s ruling on the resulting unfair labor practice charge is a
The Department of Labor (DOL) recently proposed new federal regulations regarding how minimum wages will be calculated for federal construction projects. DOL’s new proposal will add to the cost of performing these projects. The comment period for the new regulations will be closing soon, and we then will be able to see what the next
Employers take note — there is a new NLRB general counsel in town, Jennifer Abruzzo, and she intends to make some changes. Specifically, she issued a recent memo that proposes change to long-standing law about what are called “captive audience meetings.”
For nearly 75 years, employers have
As we reported here, President Biden issued his “Path out of the Pandemic” memorandum on September 9, 2021. Part of
that memorandum directed the Occupational Safety and Health Administration (OSHA) to develop a rule to increase the number of workers who have received a COVID-19 vaccination. The direction was to do this through the
President Biden issued a new lengthy executive order (EO) on July 9, 2021, aimed at promoting competition in the United States. While that sounds great, everyone needs to keep in mind that this new EO also is aimed at noncompete agreements used by many employers across the country. Specifically, Section 5(g) of the EO encourages
President Biden issued his executive order on “Worker Organizing and Empowerment” on April 26, 2021. In it, he stated that “it is the policy of my Administration to encourage worker organizing and collective bargaining.” In the EO, President Biden noted that while the National Labor Relations Act states that it is the policy of the
When everyone’s phone issues that long beep indicating a hazardous weather warning, you know that weather could possibly affect your workplace. With blizzard season (or, in the South, snow flurry season) underway, we have updated this previously published group of tips on how to deal with extreme weather.
Do you have to report an employee’s positive COVID-19 case to OSHA and will OSHA investigate it? On the reporting front, OSHA’s initial guidance said positive cases were reportable only in specific industries, like healthcare, emergency response organizations, and correctional institutions. However, since outbreaks have been reported in additional specific industries, OSHA is now requiring
Antitrust concerns aren’t always at top of mind for human resources professionals. However, the federal antitrust agencies, the Federal Trade Commission and Antitrust Division of the Department of Justice, remind us that antitrust law certainly applies to employment decisions. The agencies recently issued a policy statement, Joint Antitrust Statement Regarding COVID-19 and Competition in Labor
Employers long have been required to record and report work-related injuries and illnesses to OSHA. A new question in the pandemic environment is whether you have to record an employee who tests positive for COVID-19.
On April 10, 2020, the Occupational Safety & Health Administration (OSHA) issued interim guidance for the enforcement of employer recording