The General Assembly returned to Raleigh this week following last week’s spring recess. The Senate bill filing deadline closed on April 6, resulting in a significant number of new bills. The House of Representative’s final filing deadline for non-budget-related bills is May 4, so we expect to see additional proposals filed between now and then.
As the J&J COVID-19 Vaccine Administration is Paused for Safety Concerns: What is the Impact on South Carolina and its Citizens?
On April 13, 2020, the Centers for Disease Control and Prevention (CDC) and U.S. Food and Drug Administration (FDA) issued a Joint Statement on the Johnson and Johnson (J&J) COVID-19 Vaccine. The CDC and FDA are recommending a pause in the use of the J&J vaccine as the agencies investigate six reported cases of serious blood clots occurring in individuals vaccinated with the J&J product.
COVID-19, Vaccinations, and Leave: What Employers Need To Know
North Carolina opened COVID-19 vaccinations to everyone over age 16 on April 7, 2021. Both the U.S. Centers for Disease Control and Prevention and the N.C. Department of Health and Human Services have excellent resources for employers to use to encourage employees to become vaccinated. The Raleigh News & Observer recently reported that over a quarter of the adult population of North Carolina (more than 2 million people) have already been fully vaccinated.
Unionization of South Carolina Newspapers
One of South Carolina’s oldest and largest newspapers may soon become unionized. An affiliate of the Communication Workers of America recently filed a petition seeking to unionize all non-supervisors who work at The State newspaper. The Carolinas are the least unionized States in the nation, but they are certainly not immune to unionization efforts such as the one at The State as well as elsewhere.
VIDEO: Employment Issues When Businesses Merge and Sell
When businesses merge and sell, there are important employment issues for them to consider. Attorney Sarah Sloan Batson gives a high-level overview of what to consider in the early planning process of buying or selling a business.
EEOC Announces New Deadlines for EEO-1 Reporting
The Equal Employment Opportunity Commission (EEOC) announced this week that April 26, 2021 is the opening date for collecting 2019 and 2020 EEO-1 Component 1 data. Furthermore, employers will have until July 19, 2021 to submit two years of EEO-1 data. This announcement comes after the commission opted to delay the opening of the 2019 EEO-1 Component 1 data collection last May due to COVID-19.
Union Vote at Amazon
What do approximately 6,000 employees in Alabama have in common? They are waiting for their ballots to be counted and related legal challenges decided by the National Labor Relations Board (NLRB) as part of a union campaign at Amazon’s Distribution Center in Bessemer, Alabama. Because of the pandemic, voting has occurred using mail-in ballots, a cumbersome and sometimes controversial process. The initial election results will likely be known this week, but the long-term outcome and consequences of the election may not be known for many months or even years.
COVID-19 Passport: Will We Need a Ticket to Ride?
Finally, it’s the dawn of a new day, and one that’s been a long time coming. COVID-19 vaccinations are being administered in impressive numbers across the country. In South Carolina, vaccines will be available to everyone who so chooses this week. Are we getting back to where we once were?
DOL Proposes Withdrawal of the Business-friendly FLSA “Joint Employer” Final Rule
On March 11, 2021, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking to withdraw the Joint Employer Final Rule under the Fair Labor Standards Act (FLSA), which was published during the previous administration and was arguably more business-friendly. The withdrawal indicates DOL will likely propose an alternative that returns to a broader and more extensive interpretation of the joint employer rule that may ultimately impact the determination of who is liable for FLSA wage and hour obligations.
2021 Employment Law Certificate Series – March 31, 2021
Now in its seventh year, we hope that you will join us for the 2021 Employment Law Certificate Series certification series as we expand upon content covered in previous programs to deliver more in-depth and advanced educational sessions across a range of areas critical to mitigating disputes and building highly effective and productive workplaces.
There’s No Leaving It at the Office: Workplace Harassment When Working from Home
March 11, 2021 marks one year since the World Health Organization declared the coronavirus outbreak a pandemic, and for many employees it also marks one year of working from home. According to Upwork’s “Future of the Workforce Pulse Report,” 26.7 percent of Americans are expected to be working remotely through 2021, and by 2025 more than 36 million will be doing so – an 87 percent increase from pre-pandemic levels.
Partial Setback for North Carolina’s Statute Governing Unionization of Farmworkers
The Carolinas are the least unionized states in the nation, according to the Bureau of Labor Statistics. Similarly, unionization of farmworkers in the Carolinas also is very low. Unlike other business segments governed by the National Labor Relations Act, however, the unionization of farmworkers is governed by state law. Recently, a Federal Court issued an interim ruling about a North Carolina law governing unionization of farmworkers.
VIDEO: Protecting Your Company’s Proprietary Information and Trade Secrets
Proprietary information can be your company’s greatest asset. But when those assets are misappropriated by a current or former employee, the loss can be devastating to your business. Employment defense and trail lawyer Nikole Mergo discusses the legal protections afforded to proprietary information.
Will Federal Funding Result in Mandatory Unionization?
Federally funded projects and unionization often go together. One way is through “Project Labor Agreements” (“PLAs”), which are often connected to federally funded construction and infrastructure projects. A PLA is a type of collective bargaining agreement between a union and a construction industry employer. A unique feature of a PLA is that it can achieve mandatory unionization of an entire construction site without support by a majority of employees working on that project.
Providing Incentives Can Be “Taxing”
Employers should not overlook the income tax reporting and withholding compliance issues when providing incentives, rewards, bonuses – whether for vaccination, holiday gifts, safety programs, attendance, and the like. The calculation of overtime pay could be impacted as well.
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