Labor

Expert Analysis

• Employer Vaccine Bargaining Duties After NLRB Memo

  

  Following a recent memo from the National Labor Relations Board’s general counsel, employers should assume bargaining obligations are triggered by all elements of the Occupational Safety and Health Administration’s COVID-19 vaccine or testing mandate, and quickly present an initial implementation position to unions, say attorneys at Morgan Lewis.

• 5 Tips For Navigating The Vax-Or-Test Mandate

  

  To help implement the long-awaited, but potentially fluid, COVID-19 emergency temporary standard detailing the federal vaccine-or-testing mandate, big employers should consider a series of strategies that balance flexibility with preparedness, say attorneys at Greenwald Doherty.

• NLRB Trucking Co. Ruling Signals Pro-Union Proclivity

  

  The National Labor Relations Board's recent unfair labor practice ruling against a group of trucking companies affiliated with Universal Logistic Holdings demonstrates that the current board leans toward union empowerment via a single-employer precedent that leaves little room for flexibility in corporate structures, says Sarah Moore at Zashin & Rich.

• How Labor Law May Affect Your COVID Vaccine Mandate

  

  Daniel Johns at Cozen O’Connor outlines the labor law considerations companies should remember when mandating COVID-19 vaccines in the workplace, particularly with regard to employers’ duty to bargain with unions, and employees’ rights to engage in concerted protected activity to protest such requirements.

• Public Agency Risks Grow Under New Calif. Pension Law

  

  Most public agencies will likely face reimbursement demands from the California Public Employees' Retirement System under a new state law that shifts the costs of reporting errors from retirees to employers, so affected agencies should scrutinize their collective bargaining agreements and specialty pay practices for potential risks, says Steven Berliner at Liebert Cassidy.

• NLRB GC's Remedies Memos Should Concern Employers

  

  Two recent memos from the National Labor Relations Board’s general counsel, endorsing stronger remedies for certain unfair labor practice charges, mean businesses must carefully administer discipline and negotiate bargaining agreements — otherwise, they may be forced to choose between risky litigation or full capitulation, say attorneys at Obermayer Rebmann.

• College Athlete Employee Status Would Raise Novel Issues

  

  A recent declaration that the National Labor Relations Board's office of general counsel now considers certain college athletes employees, if formally adopted by the NLRB, could bring new questions for colleges and athletes on workers' compensation, unemployment insurance, tax liability and more, says Mike Ingersoll at Womble Bond.

• ERISA Ruling Reveals Big-Picture Health Benefit Issues

  

  While a California federal court’s recent ruling in Asner v. SAG-AFTRA Health Fund concerned fiduciary duty claims under the Employee Retirement Income Security Act, a closer look at the details raises broad questions about retirees’ rights to lifetime health benefits and the staying power of employer-sponsored health care, says Mark DeBofsky at DeBofsky Sherman.

• 2nd Circ. Ruling Signals Decisive Shift To NLRB Contract Test

  

  In its recent International Brotherhood of Electrical Workers v. National Labor Relations Board decision, the Second Circuit explicitly approved an NLRB test that gives employers flexibility to address unforeseen circumstances not addressed in union contracts, and signified the end of a decades-old test requiring a clear and unmistakable waiver of bargaining rights, says Frederick Braid at Holland & Knight.

• What Employers Should Know About NLRB Top Cop Priorities

  

  A recent memo released by the National Labor Relations Board's new general counsel signals changes in enforcement priorities, and both unionized and nonunionized employers should note potential shifts in precedent for contract work, handbooks, electronic media and more, say Robert Lian and James Crowley at Akin Gump.

• Employer Lessons From 7th Circ. Ruling On Labor Violations

  

  The Seventh Circuit’s recent affirmation of the National Labor Relations Board’s finding against Mondelez Global contains lessons for employers on unlawful discharges, unilateral changes and information requests — which also apply to mandatory vaccination and other pandemic-related policies, say Andrew Goldberg and Christina Wernick at Laner Muchin.

• How High Court Takings Ruling Compares With Prior Analysis

  

  In setting new precedent on regulatory takings with its recent decision in Cedar Point v. Hassid, the U.S. Supreme Court did not overrule the test established in its 1978 Penn Central v. New York City opinion, but it is possible that Penn Central would be decided differently today, says John Walk at Hirschler.

• Under Biden, Nonunion Employers Can't Ignore Labor Law

  

  The National Labor Relations Board under President Joe Biden will likely expand employee protections in the nonunion workplace, so employers must consider potential liabilities, especially regarding investigations, handbooks and discipline for worker misconduct, says Daniel Johns at Cozen O'Connor.