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.
Employers Begin Offering COVID-19 Vaccination Incentives as an Alternative to Mandating the Vaccine. But is Doing So Risky?
As COVID-19 vaccines become increasingly available to the public, employers may consider requiring that their employees be vaccinated. We have addressed related considerations for mandating vaccines in recent updates: Can, and Should, Employers Require that Employees be Vaccinated for Covid-19? and EEOC Issues Guidance Regarding Mandatory Vaccinations. The concept of mandatory vaccinations raises many questions, including responding to potential employee objections and whether employers must compensate employees for time spent getting the shots.
VIDEO: Proactive Strategies to Address Unionization in your Business
Amazon employees in Bessemer, Alabama, will soon decide if they want to remain union-free or to unionize. Employment attorney William Floyd discusses how the process raises questions and insights for other union-free employers and employees.
OSHA Issues New Guidance for Employers on COVID-19
On Jan. 29, 2021, the Occupational Health and Safety Administration (OSHA) issued new guidance on workplace safety during the COVID-19 pandemic. The guidance, titled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace,” is intended to help employers identify workplace risks of exposure and/or infection and determine appropriate control measures “in most workplace settings outside of healthcare.” (OSHA and the Centers for Disease Control (CDC) have issued separate guidelines applicable in healthcare and emergency response settings; the CDC’s healthcare guidelines are here.)
Re-Filed “PRO Act”: Big Potential Risk for Union-Free Employers and Employees
The “Protecting the Right to Organize Act” (“PRO Act”) proposes drastic changes to the nation’s laws governing employer-union relations, especially the ability of employers and employees to remain union-free. Earlier this month, the PRO Act was re-filed in the House of Representatives. If passed by the House and Senate, President Biden would likely sign it into law as part of a pro-union agenda.
Amazon’s Confrontation with Unionization: Some Questions and Answers For Union-Free Employers
Amazon employees in Bessemer, Alabama, will soon decide if they want to remain union-free or to unionize. About 5,000 employees who work at an Amazon Distribution Center will be eligible to vote in an upcoming union election, a process that will likely take several weeks to complete.
National Pro-Union Policy Shift Has Begun
National elections shape the nation’s labor policy. Soon after his inauguration, President Biden began a pro-union shift involving the National Labor Relations Board (NLRB), the federal agency responsible for governing union-management relations.
One Year of COVID-19: Helping Clients Navigate a Crisis
One year ago this week, we released our first “insight” on a COVID-19-related issue, titled “OSHA Publishes Resource on Coronavirus Outbreak.” At that time we were starting to get questions from clients about employee travel to and from international locations that were becoming coronavirus hotspots.
In 2021, More States and More Mandates for E-Verify
E-Verify is an electronic employment verification program through which employers may confirm the work eligibility of their employees to work in the United States. Although E-Verify started as a voluntary program, except for federal contractors, it has become mandatory for many employers in several states.
Nexsen Pruet Opens Texas Office
Deep roots with agribusiness clients leads law firm out west
Update – OSHA’s COVID-19 Guidance for the Construction Workforce
As we have all witnessed, the COVID-19 situation remains incredibly fluid and presents unique challenges to the construction industry, which is an essential business in the Carolinas.