As we all know by now, on November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) to protect workers in businesses with more than 100 employees from the Coronavirus, and on November 6, 2021, the Fifth Circuit Court of Appeals stayed enforcement of the ETS. B.S.T. Holdings, LLC,

Return to work procedures and vaccine mandates have consumed much of Human Resources’ attention over the past year. However, there are other areas of the law that employers should continue to monitor. For example, California recently passed Senate Bill 331 (“SB 331”) which limits an employer’s ability to use non-disparagement, non-disclosure, and confidentiality agreements. Specifically,

On September 29, 2021, the General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, issued a Guidance Memorandum memorializing her position that student-athletes at private universities should be considered “employees” under the National Labor Relations Act (NLRA).

The NLRB has never  directly answered the question of whether student-athletes are employees under the NLRA.  

On September 22, 2021, the U.S. Department of Labor (“DOL”) finalized a regulation which allows for penalties up to $1,100 per violation, plus back wages owed, whenever the DOL finds tipped workers have been cheated of tips.  Previously, a Trump Administration rule, which was never finalized, only allowed fines to be imposed for “repeated and

On Thursday September 9, 2021, President Biden outlined a multi-pronged plan to reduce the number of unvaccinated Americans in the United States, among other COVID-related initiatives.  In addition to issuing an Executive Order implementing vaccination requirements for federal workers and requiring vaccinations for healthcare workers, President Biden also directed The Department of Labor’s Occupational Safety

NLRB General Counsel Jennifer A. Abruzzo followed up her 10(j)-warning shot with another admonition, this time encouraging regions to request the “full panoply of remedies available to ensure that victims of unlawful conduct are made whole for losses suffered as a result of unfair labor practices.”

General Counsel Abruzzo began her September 8, 2021, Memorandum

In July, the Department of Labor (“DOL”) announced a Notice of Proposed Rule Making to develop enforcement and implementation procedures for President Biden’s Executive Order 14026. Executive Order 14026, which was signed on April 27, 2021, requires federal contractors to pay their employees at least $15.00 per hour beginning January 30, 2022. Beginning January

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

On August 12, 2021 NLRB General Counsel Jennifer A. Abruzzo issued her “Mandatory Submissions to Advice” memorandum (Memorandum GC 21-04), outlining her agenda items and priority issues for NLRB Regional Directors, Officers-in-Charge, and Resident Officers. The memorandum offers a glimpse into a number of issues the new General Counsel believes need to be re-evaluated, largely