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John Hargrove is chair of the Labor and Employment Practice Group and is a Fellow in the American College of Labor and Employment Lawyers. He regularly represents public and private companies in mining, construction, manufacturing, medical, communications and warehousing industries, among others. He also represents municipal and quasi-public organizations such as police and fire departments and school boards. John also has represented several nonprofit agencies, ranging from national sports organizations to small local charities.

President Biden Proclaims His Administration’s Policy to Encourage Worker Organizing and Collective BargainingPresident 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

And Don’t Forget the Milk and Bread – Paying Employees in Weather EmergenciesWhen 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. 

Hurricanes, Blizzards, and That Dreaded TORCON Index

To Tell or Not to Tell: OSHA Changes Course on Reporting of COVID-19 Cases by EmployersDo 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 Agencies Issue Statement on Enforcement in Essential Provider Labor MarketsAntitrust 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

We Just Learned We Have a COVID-Positive Employee: Do We Have to Tell OSHA?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

DOL Issues FFCRA Guidance and Poster with a New April 1 Effective DateThe Department of Labor now has issued guidance, questions and answers, and a poster for  those employers covered by the recently enacted Families First Coronavirus Response Act (FFCRA), which we have summarized here.

Guidance and FAQ Highlights

Notably, the FAQ states that the effective date of the FFCRA is April 1 and

National Labor Relations Board Reverses Another Obama-Era  Labor Board Ruling and Reinstates Historical Deferral DoctrineThe National Labor Relations Board in recent weeks has continued to overturn Board decisions from President Obama’s administration. In United Parcel Service, Inc., the current Republican-controlled Board returned to a long-standing legal standard for “deferring” unfair labor practices to private arbitration.

The Issue

Often when workers are disciplined, whether in a union or nonunion setting,

The NLRA, Protected Activity, and the F-BombWhen, if ever, is swearing at your supervisor or coworkers a federally protected activity? The National Labor Relations Board (Board) currently is reconsidering what constitutes protected activity under the National Labor Relations Act (NLRA). Specifically, the board is trying to clarify when workers can be protected from discipline for using profanity or engaging in harassing