Unions will have greater exposure to “make whole” relief awards for violating their duty of fair representation under the National Labor Relations Act (NLRA) if National Labor Relations Board (NLRB) General Counsel (GC) Peter Robb has his way.
Archives for July 5, 2020
Indiana Reopening Plan Moves to New Stage 4.5
Indiana Governor Eric Holcomb has delayed the fifth and final stage of Indiana’s reopening, which was originally set to begin on July 4, 2020. Instead, he is implementing “Stage 4.5,” which will become effective on July 4 for all counties, with certain exceptions and additional requirements for Marion, Elkhart, St. Joseph, and LaGrange counties.
Phase III of Massachusetts Reopening Starts July 6
Massachusetts Governor Charlie Baker announced that Phase III of the Massachusetts Reopening Plan will begin on Monday, July 6, 2020 along with an updated order on gatherings. For the City of Boston, Phase III and the gatherings order will take effect on Monday, July 13. Phase III allows additional sectors to reopen, including gyms, fitness centers, and museums. Governor Baker stated that this phase will last significantly longer than the first two phases. He also stated Phase IV will not begin until there are therapeutics or a vaccine available.
Beltway Buzz, July 2, 2020
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
San Francisco’s COVID-19 Response: Emergency Back-to-Work Ordinance Requires Reemployment of Laid-Off Workers
On June 23, 2020, the San Francisco Board of Supervisors passed the “Back to Work” emergency ordinance. The ordinance requires certain San Francisco employers to offer reemployment to covered employees who were subjected to qualifying layoffs arising from the COVID-19 pandemic.
Senators Plan to Introduce Federal Legislation to Eliminate Use of COVID-19 Student-Athlete Liability Waivers
Connecticut Senator Richard Blumenthal and New Jersey Senator Cory Booker plan to formally introduce legislation, the “College Athlete Pandemic Safety Act,” to eliminate the ability of colleges and universities to use liability waivers as a basis for student-athletes to return to campus and resume training activities.
Reacting to the growing
Resources for Reopening Your Massachusetts Workplace
The post Resources for Reopening Your Massachusetts Workplace appeared first on Hirsch Roberts Weinstein LLP.
New York City Commission on Human Rights Issues Final Rule Regarding Exceptions to Ban on Pre-Employment Marijuana Tests
As discussed in our previous blog post, effective May 10, 2020, covered New York City employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. The law, however, contains exceptions to this general prohibition on preemployment testing and an employer may require
ERISA Pension Plan Liability? 10th Circuit Rules in Favor of Foreign Parent of U.S. Subsidiary
On paper, the rule is straightforward: if a company sponsors a defined benefit pension plan or participates in a union/multiemployer pension plan in the United States, all members of that company’s controlled group of corporations (e.g., parents, subsidiaries, and affiliates connected through a common equity ownership of 80 percent or
Florida Restricts Sale of Alcohol Due to Surge in COVID-19 Cases Among Young Adults
On June 26, 2020, the Florida Department of Business and Professional Regulation (DBPR) issued Emergency Order 2020-09 suspending the sale of alcoholic beverages for on-premises consumption at all businesses that “derive more than 50 [percent] of gross revenue from such sales.” The DBPR issued the order due in part to
California Judge Grants TRO Related to COVID-19 Risks at Fast-Food Restaurant
On June 16, 2020, several employees at a McDonald’s franchise in Oakland, California filed a lawsuit against their employer, in a matter entitled Hernandez v. VES McDonald’s (No. RG20064825, Superior Court of California, County of Alameda). The lawsuit consists of five plaintiffs, three of whom are employees who allege that
New Indiana Physician Noncompete Agreement Requirements Become Effective on July 1, 2020
Significant new requirements for physician noncompete agreements in Indiana took effect on July 1, 2020, including mandatory language allowing a physician to purchase “a complete and final release” from a noncompete agreement “at a reasonable price.” The law also includes several provisions related to notices that employers must provide to
NLRB GC to Publish Manual Ballot Protocols
National Labor Relations Board (NLRB) General Counsel Peter Robb appears to want NLRB Regional Directors to give more consideration to holding manual, rather than mail, ballot elections than they have during the COVID-19 pandemic.
According to Employment Law360, during a National Employment Law Council webinar, Robb announced he will post