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March 3, 2022 As anticipated, President Biden’s National Labor Relations Board (NLRB) has been openly active regarding support of unions and unionization. On February 1, 2022, NLRB General Counsel Jennifer Abruzzo (The General Counsel is essentially the prosecutorial arm of the NLRB) issued a memorandum (GC22-02) directing regional offices of the agency to seek federal […]
January 14, 2022 On January 13, 2022, the United States Supreme Court blocked the Occupational Safety and Health Administration’s (OSHA) Vaccination and Testing Emergency Temporary Standard (ETS) for private employers with 100 or more employees. The ETS would have applied to approximately 84 million workers. The Court also, in a separate, but simultaneous ruling, allowed the Centers […]
December 21, 2021 On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued its Covid-19 Vaccination and Testing Emergency Temporary Standard (ETS) that compels private employers with 100 or more employees to implement mandatory COVID-19 vaccination policies or require unvaccinated employees to undergo regular testing and wear a face mask at work. The […]
November 4, 2021 The Occupational Safety and Health Administration (OSHA) announced its Covid-19 Vaccination and Testing Emergency Temporary Standard (ETS) that requires many employers to implement mandatory COVID-19 vaccination policies or require unvaccinated employees to undergo regular testing and wear a face mask at work. The full text of the new rule is 490 pages […]
September 14, 2021 On September 9, 2021, President Biden announced his six-pronged Path Out of the Pandemic COVID-19 Action Plan containing vaccination and testing requirements applicable to most federal, private, and healthcare employers. The Plan directs the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) to issue an Emergency Temporary Standard (“ETS”) to provide […]
September 13, 2021 All new presidential administrations lay out their agenda for prospective action for each respective executive agency. On August 12, 2021, the General Counsel for the National Labor Relations Board (Board or NLRB), Jennifer Abruzzo, issued a seven-page memorandum titled, “Mandatory Submission to Advice.” The “Advice” section of the General Counsel’s staff is […]
June 3, 2021 On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated and expanded its technical assistance publication addressing COVID-19 issues arising under the federal equal employment opportunity laws. In its updated guidance, the EEOC reiterated its prior opinion that employers may require employees to receive the COVID-19 vaccine as a condition of […]
May 14, 2021 In response to the coronavirus pandemic, Congress enacted several legislative changes to employee benefits law. The Consolidated Appropriations Act of 2021 (“CAA”) creates temporary special rules for health and dependent care flexible spending accounts, and the American Rescue Plan Act (“ARPA”) provides subsidized COBRA coverage for individuals and families. Flexible Spending Accounts […]
May 12, 2021 On May 6, 2021, the U.S. Department of Labor (“DOL”) withdrew the Fair Labor Standards Act (FLSA) independent contractor final rule which was approved earlier this year. In reaching this decision, the DOL explained that the rule “is inconsistent with the FLSA’s text and purpose, and would have a confusing and disruptive […]
April 15, 2021 The enactment of Ohio’s Employment Law Uniformity Act (“Act”) on April 15, 2021 has resulted in hundreds of new employment discrimination claims being filed in Ohio courts in recent days. In fact, on April 13, 2021, 63 new cases were filed in area courts, and 44 of those cases were filed in […]
February 10, 2021 Ohio Governor DeWine recently signed H.B. 352, Employment Law Uniformity Act (the “Act”) into law. The Act significantly overhauls Ohio’s Fair Employment Practices Act under Ohio Revised Code 4112. The Act is set to take effect on April 15, 2021, 90 days after Governor DeWine signed the Act. Below is a summary […]
January 25, 2021 The Department of Labor (DOL) Wage and Hour Division (WHD) recently issued guidance, in the form of an opinion letter, addressing whether certain travel time for partial-day teleworkers is compensable time under the Fair Labor Standards Act (“FLSA”). While it does not carry the same force as a statute or regulation, an […]