Employment Law Blog

NLRB Modifies Test for Bargaining Units, Resurrecting the Dreaded Micro-Unit

On December 14, 2022, the National Labor Relations Board issued a decision in the case American Steel Construction, Inc., modifying the test for determining inclusions in bargaining units. The Board’s decision reverts the test to an Obama-era standard that allows unions to form smaller, easier-to-organize bargaining units known as “micro-units”—the mention of which will send many employers into a panic. More >

NLRB GC Seeks to End Captive Audience Meetings

In yet another bid to weaken employers’ stance in the face of organized labor, NLRB General Counsel Jennifer Abruzzo has issued a memo calling for an end to employer-led “captive audience” meetings. This move by the NLRB threatens one of employers’ key tools for curbing unionization in the workplace and is yet another foreboding sign of the Biden administration’s pro-labor agenda. More >

Amazon Workers Vote to Unionize, Paving Way for New Labor Woes for Employers

For the first time in the U.S., an Amazon facility’s workers have voted to unionize. The workers at the Staten Island warehouse “JFK8” voted 2,654-2,131 to be represented by the Amazon Labor Union (ALU). After years of unsuccessful organizing attempts across the country, this breakthrough victory portends a growing labor movement, and employers should be ready for what it may bring. More >

Boeing, Boeing, Gone! NLRB GC Recommends Reversal of Employer Handbook Standards

With any new administration in Washington comes changes to the National Labor Relations Board. From the start, Biden’s NLRB has made clear their goal to reverse the employer-friendly handbook standards established by the Boeing decision, and the General Counsel’s March 7^th post-hearing brief includes recommendations that take further steps towards that goal. More >

WEBINAR - Scary Stories from the HR Department, Chapter 4: Little Shot of Horrors

More >

WEBINAR - All Handbooks on Deck

More >

Vaccine Mandate Mythbusting: Debunking 5 Common Misconceptions for Employers

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

With the rise of COVID-19 variants and the return to in-office work, more employers are making the decision to require their employees to be vaccinated against COVID-19. However, a number of pervasive myths about vaccine mandates have fueled employee backlash and made many employers hesitant to enact such policies. Employers should be aware of these myths for what they are and understand the facts behind them. More >

Long-Term COVID Effects May Qualify as a Disability under the ADA—What Employers Need to Know

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

We are still learning more about the virus, including its long-term effects on those who have been infected. Because of the severity of these long-lasting symptoms, both the Department of Health and Human Services (“HHS”) and Department of Justice (“DOJ”) recently released guidance stating that “long COVID” may qualify as a disability under anti-discrimination laws, including the Americans with Disabilities Act (“ADA”). An employer must remain aware of the long-term effects that COVID can have on its workforce and potential accommodations that its employees may need.  More >

What You Don’t Know about Labor Law Can Hurt You – Do You Have These Three Illegal Handbook Provisions?

You set up your business entity to shield you from liability issues, you consult with an employment attorney to ensure compliance with the Americans with Disability Act and Title VII, and you’ve made sure that your health plan and retirement accounts comply with the mandates of the Affordable Care Act and ERISA. You think you’ve covered all your bases, so you next begin work crafting common-sense policies to ensure a smoothly-operating business. And that’s when you step in it. More >