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March 2021

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Developments from Working from Home

| March 2021
In February of 2020, only 8% of the U.S. workforce did their job entirely from home.  As the pandemic took hold, that number increased to 35% in May, and the general movement to homework resulted in home workers working in less densely populated areas.  
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Other Biden Actions Show Dramatic Change towards Labor Issues

| March 2021
The Biden Administration has immediately moved to freeze pending Department of Labor (DOL) regulations that would make it easier to designate workers as independent contractors.  This rule was previously stated to take effect March 8, 2021.  A new and finalized similar rule from the Equal Employment Opportunity Commission (EEOC) has similarly be...
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New Administration Begins Pro-union Agenda by Controversial Firing of the NLRB General Counsel

| March 2021
On the same day of President Biden's swearing-in, the new White House delivered to National Labor Relations Board (NLRB) General Counsel Peter Robb an ultimatum to resign by 5:00 p.m. or be fired.  No President in U.S. history had taken such a bold move as the NLRB General Counsel position is a four-year appointment at an independent federal agency.  The ...
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Republicans Using Same Type of Legal Challenges of Biden Policies Democrats Used against Trump

| March 2021
Republicans have taken a playbook that the Democrats used against Trump in going to federal court to seek nationwide injunctions against policy changes.  In late January 2021, a federal judge in Texas blocked the Biden Administration's 100-day pause on deportations.  Judge Tipton of the Southern District of Texas granted a temporary restraining ...
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Osha Issues New and Stronger Virus Guidance

| March 2021
The Occupational Safety and Health Administration (OSHA) announced on January 29, 2021, new and stronger workplace guidance on the Coronavirus.  Implementing a Coronavirus Prevention Program, according to OSHA, is the most effective way to reduce the spread of the virus.  The guidance recommends several essential elements in a prevention program:
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Issue of Employees Participating in Demonstrations and Protests

| March 2021
The January 6, 2021 protest in Washington, D.C. raises questions about participation of employees in protests that may turn into riots.  Unlike governmental employers, private businesses have no "free speech" obligations to their employees participating in such protests.  However, other legal issues can arise as to subsequent actions against tho...
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