Neil Irwin of the New York Times reported on Thursday morning that President Biden is preparing an Executive Order focused on competition policy. He reports that people familiar with the Order say one section has several provisions aimed at increasing competition in the labor market. It is difficult to know what is coming, but one […]
In a very recent case, the National Labor Relations Board (“NLRB”) confronted the issue of whether a party engages in objectionable conduct if, during a union election campaign, it engages in mail-ballot solicitation. The case is of interest to employers given the introduction of laws that favor and promote union organizing (see March 15, 2021 Alert […]
In a recent case, the National Labor Relations Board (NLRB) Division of Advice addressed the question of whether a grocery store employee posting, on his personal Facebook and Instagram accounts, constituted protected activity for which the employee could not be disciplined without violating the NLRA (National Labor Relations Act – the Act). Because this issue […]
Employers should be aware that depending on the circumstances, Employee Resource Groups or diversity, equity, and inclusion groups may be considered labor organizations under the NLRA. Further, employers should avoid the appearance of interfering, dominating, or unlawfully supporting such organizations. To learn more, click here.
Institutional investors and other stakeholders are seeking better information from public companies on workforce diversity. Company executives and boards are discussing how and what to disclose, and many observers believe the SEC will mandate further disclosures. Auditors are even mapping out attestation services for ESG reporting. But when it comes to disclosing Human Capital information, straightforward […]
Beginning July 1, 2022, New Mexico will require private employers to provide up to 64 paid sick leave hours to their employees each year. The Healthy Workplaces Act (“HWA”) was signed by Governor Michelle Lujan Grisham on April 8, 2021 and brings New Mexico alongside 15 other states with paid sick time laws. Notably, the […]
On March 31, 2021, Peter Sung Ohr, Acting General Counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a Memorandum (GC 21-03) to all NLRB Regional Offices outlining his perspective regarding the prosecution of charges involving whether certain employee conduct constitutes protected, concerted activities. The GC Memorandum is of significance to all […]
On March 19, 2021, Governor Newsom signed Senate Bill No. 95 which requires covered employers to provide a new bank of supplemental paid sick leave for certain COVID-19-related reasons. This bill goes into effect 10 days from enactment, on March 29, 2021, and will expire September 30, 2021. This bill is broader in many respects than Assembly […]
On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) of 2021. Within this $1.9 trillion relief Bill, Congress extended certain previously enacted COVID-19 stimulus package provisions and expanded on previous measures, providing more relief and creating new obligations. Here, we highlight a few key provisions of the Act relevant to employers.
On Tuesday, March 9, 2021, the House of Representatives passed the Protecting the Right to Organize (PRO) Act. With the PRO Act, House and Senate Democrats seek to amend the National Labor Relations Act. Here, we outline a few key aspects of the legislation. If the PRO Act succeeds in the Senate, it will be […]
