Labor Board to Reconsider Employer Restrictions on Wearing Buttons and Other Insignia in the Workplace

09 August 2021 | August 2021

Many employers do not like the idea of employees wearing pro-union shirts or buttons on the job. In the past, however, and particularly during the Obama Administration, the National Labor Relations Board (NLRB) gave employees a great deal of rights to wear union buttons and other buttons pertaining to concerted activities. More current issues concern the ...

monopoly houses on a wooden table indoors

Supreme Court Rejects Union Access to Employer's Property in California

09 August 2021 | August 2021

A strong ruling for employers' private property rights was issued by the U.S. Supreme Court in June in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021). The Court ruled that a California regulation that gives union organizers access to workers on employers' farms violates the property rights of the owners. Chief Justice Roberts wrote the 6-3 majo...

EEO-1 Report including Diversity Now Due in August

06 July 2021 | July 2021

The Equal Employment Opportunity Commission (EEOC) has pushed back the deadline for the EEO-1 Report. This is the annual survey that employers with more than 100 workers, and federal contractors with more than 50 workers, are required to submit annually. The race, sex, ethnicity, and job data is now due by August 23, 2021. The previous d...

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Good Explanation of How Employers Do or Do Not Discriminate Among Similarly Situated Employees

06 July 2021 | July 2021

The most common type of discrimination case is based on what the law calls "disparate treatment," which is often defined as treating employees of different races and sexes differently who are similarly situated in all material respects. As a result, disparate treatment cases often turn on the issue of whether persons of different races or sexes are ...

Status of Vaccine Incentives to Workers

06 July 2021 | July 2021

The U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance in late May indicating that employers can offer bonuses and other incentives to encourage employees to get the COVID-19 vaccine. However, if employers ask disability-related screening questions as part of the pre-vaccination process, employers must keep such worker vacci...

CDC interviewing a sick person inside an airport

Relaxed CDC Guidance Requires Employers to Set the Rules

06 July 2021 | July 2021

In May, the Centers for Disease Control (CDC) issued new guidance that fully vaccinated people "can resume activities without wearing any mask or standing six feet apart, except where required by federal, state, local or territorial laws, rules and regulations, including local business and workplace guidance." The CDC requirements define those who h...

Do High Welfare Benefits Promote Unemployment?

15 June 2021 | June 2021

Numerous employers and some studies suggest that many employees prefer government aid to a regular paycheck. Employers would agree that lower skilled workers are scarce right now and many jobs remain unfilled. Multiple sources indicate that some workers are turning down offers in lower wage occupations because their stimulus checks and jobless benefits pa...

Tax Credit for Employers Who Give Employees Paid Leave for Covid Vaccination and Recovery

15 June 2021 | June 2021

The American Rescue Plan Act of 2021 (ARP) allows small and mid-size employers, and certain governmental employers, to claim refundable tax credits that reimburse them for the cost of providing paid sick and family leave to their employees due to COVID-19, including leave taken by employees to receive or recover from COVID-19 vaccinations. The ARP tax cre...

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Employers Must Find and Tell Laid-off Employees of Health Subsidies

15 June 2021 | June 2021

Before May 31, 2021, employers must notify certain former employees that they may be entitled to free health care coverage under recent federal legislation. The new law provides fully subsidized coverage through COBRA from April 1 through September 30, 2021 for employees who were laid off or lost their job-based health coverage due to reduced hours during...

How the Union Analyzed Its Loss at Amazon

15 June 2021 | June 2021

The 71% to 29% loss by the union campaign at Amazon in Bessemer, Alabama, is the most well-publicized and significant union election of the decade. The union brought in outside groups to show their strength and solidarity, including churches, the NFL Players' Association, Black Lives Matter organizers, and national celebrities including Senator Bernie San...

Biden Orders Creation of Pro-union Task Force

15 June 2021 | June 2021

In May, President Biden signed an executive order creating a task force to promote labor organizing as part of a push to strengthen unions. According to the White House, the Order will direct the task force to promote new ways of using the federal government's policies to encourage workers to organize and successfully bargain with employers. It will be le...

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