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

Today OSHA updated its previously issued “Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.”  The updates focus on: 1) helping employers protect unvaccinated workers (including those who are only partially vaccinated) or otherwise at risk (including those who are immunocompromised; and 2) implementing new guidance involving fully-vaccinated workers located in areas

Recently, President Biden issued an Executive Order titled, “Promoting Competition in the American Economy.” Notably, among other things, the Executive Order recommends that the Federal Trade Commission (“FTC”) curtail the use of non-compete agreements.

The Executive Order seeks to “. . . address agreements that may unduly limit workers’ ability to change jobs”

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

COVID-19 has imposed fresh and difficult challenges on employers, including the need to balance new legislative compliance with all that existed before the Year of the Pandemic. Before the end of the 2020 calendar year may be welcomed, however, employers in certain states should remain cognizant of approaching sexual harassment training deadlines. Although sexual harassment

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

On June 17, 2020, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers to clarify that employers may not require COVID-19 antibody testing before permitting employees to re-enter the workplace. Antibody tests can show whether the subject had a past infection or has recovered from the virus that causes COVID-19. Currently,