The NLRB this week once again ruled that a relatively common employment practice violated federal labor law, continuing what some are seeing as a trend under the current administration. This time, the NLRB ruled that it was illegal for an employer to offer employees a severance agreement that prohibited them from making disparaging statements about
Brian is the Chair of the firm’s Labor and Employment Practice Group and is named to the prestigious Chambers USA: America’s Guide to Leading Lawyers for Business in the area of Employment and Labor.
Brian focuses his practice on the representation of management in all phases of labor relations and employment litigation. Brian regularly represents employers in litigation before federal and state courts, administrative agencies and arbitrators involving employment discrimination and harassment, wrongful discharge, theft of trade secrets, breaches of non-compete agreements and other employment contract topics. Brian also has extensive experience counseling employers on employment topics ranging from FMLA and ADA compliance to reduction in workforce planning and implementation. In the labor relations area, Brian has significant experience in collective bargaining negotiation, union avoidance techniques and strike disputes. Brian has also developed and implemented personnel policies and in-house training programs on a variety of labor and employment law topics.
Workplace Weapons Policies Facing Scrutiny Following Recent Mass Shootings
The recent spate of mass shootings in the U.S. is understandably causing many employers to re-examine their workplace weapons policies. As with all workplace issues, however, employers should be careful to make sure their policies comply with applicable laws. Ohio law, for example, has for years prohibited employers from banning firearms and ammunition from their…
USWNT $64 Million Settlement Underscores Importance of Equal Pay Practices
Although the U.S. Women’s National Soccer Team’s pay discrimination settlement this week was notable for its $24 million price tag, it is also notable because it highlights the very real risk that employers face over unequal pay practices.
Members of the USWNT originally filed the case in 2019 accusing U.S. Soccer (the sport’s governing body)…
Supreme Court to Address Workplace Vaccine Mandates Today
Did the federal government overreach when it issued emergency rules forcing employers to impose vaccine mandates? The United States Supreme Court will take up that important question today when it examines emergency COVID-19 vaccine rules issued by the Occupational Safety and Health Administration and the Centers for Medicare & Medicaid Services.
The Supreme Court…
Federal Injunctions Impact Employer Vaccine Mandates
A recent barrage of federal injunctions has caused substantial confusion for employers who were preparing to comply with federal vaccine mandates, including mandates involving OSHA, CMS and federal contractors. As a result, many covered employers are re-evaluating their plans to take the following points into consideration:
- The federal injunctions stop the government from forcing certain
Paying employees for time spent getting a vaccine? Employers just might have to.
Almost immediately after the FDA issued full approval of the Pfizer/BioNTech COVID-19 vaccine earlier this week, employers began rolling out mandatory vaccination policies. These policies are raising a variety of legal and practical questions for employers, including whether employers are required to compensate employees for time spent getting the vaccine.
Although the answer to this…
EEOC Issues New Workplace Vaccination Guidance
The EEOC issued significant new guidance today covering workplace COVID-19 vaccination policies and practices. Click Here to View. The EEOC’s new guidance answers several of the frequently asked questions about COVID-19 vaccination policies.
Some of the most notable answers in the new EEOC guidance include the following:
- Employers can require all employees who physically enter
DOL Reinstates Unemployment Benefits for Workers Rejecting Unsafe Conditions
According to new guidance from the U.S. Department of Labor, workers who refused jobs that they viewed as unsafe for COVID-19 reasons may now be eligible to collect unemployment benefits. The DOL published this guidance on February 25 in keeping with President Biden’s promise to provide unemployment benefits to workers who chose unemployment over exposure…
Significant Employment Law Changes on the Way in 2021
On Monday, December 14, electors will gather in every state and in Washington D.C. to cast their Electoral College votes. The outcome of that vote will almost certainly start the final countdown toward significant changes in labor and employment law under the incoming Biden administration. While we do not yet know the full extent of…
Keeping politics out of the workplace? Plan ahead to avoid legal issues!
As the November election draws closer, employers are facing the daunting challenge of keeping peace among employees with differing political affiliations. One approach to this challenge involves simply banning certain types of political expression in the workplace. While this approach can work well if it is done correctly, it can cause significant legal issues if…