Tuesday, July 7, 2026Labor & Employment Law
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Labor Law - General
Union membership in the United States has dropped to about 6.5% of private sector workers, after peaking at about 35% in the 1970s. Yet, Gallup polls show steadily increasing approval of unions, from 48% in 2009 to 65% in 2020.
HR - Viruses
When the federal Families First Coronavirus Response Act (FFCRA) expired on December 31, 2020, COVID-19-related leave was no longer assured for many employees throughout the United States unless another law, like the Family and Medical Leave Act or the Americans with Disabilities Act, applies.
Affirmative Action - General
Under certain conditions, a purported subcontractor of a general contractor (or higher tier subcontractor) may be found to be a “labor broker” — a supplier of workers — rather than a true subcontractor.
Affirmative Action - General
While general or prime contractors have always faced the risk of liability for the actions or inactions of their subcontractors, an increase risk of state statutory liability for certain actions and inactions of subcontractors may be on the horizon.
Labor Law - Unfair Labor Practices
Whether an employer’s unilateral change to employee procedures violates the National Labor Relations Act (NLRA) is determined by whether the change “falls within the compass or scope of contract language that grants the employer the right to act unilaterally,” the National Labor Relations Board (NLR
OSHA - General
President-Elect Joseph Biden has not named a nominee for Secretary of Labor yet, much less an Assistant Secretary of Labor for Occupational Safety and Health who would lead the Occupational Safety and Health Administration (OSHA). But individuals with a background in organized labor may be forerunne
HR - Viruses
The latest round of COVID-19 relief in the Consolidated Appropriations Act, 2021 will revive many aspects of unemployment relief rolled out in the CARES Act in March, although the Act reduces many of the original features.
Labor Law - Picketing
The National Labor Relations Board (NLRB) had invited briefs on bannering and displays of “Scabby the Rat,” the giant roadside inflatable rat (or other gruesome creature) used in many labor disputes. At issue is the conflicting labor law principles distinguishing between lawful publicity of a disput
Minnesota - Wage & Hour
Effective January 1, 2021, the City of Minneapolis Freelance Worker Protection Ordinance expands wage theft protections to independent contractors who perform services within the City of Minneapolis.
Benefits - General
The Consolidated Appropriations Act, 2021, generally provides the annual funding for the federal government and, in almost 5,600 pages, contains several important rules giving further COVID-19 relief, including the expansion of eligibility for Paycheck Protection Program (PPP) and the Employee Reten
HR - Diversity, Equity and Inclusion (DEI)
A federal district court has entered a nationwide preliminary injunction stopping the administration from enforcing Executive Order (EO) 13950 - Combating Race and Sex Stereotyping . Santa Cruz Lesbian and Gay Cmty. Ctr., et al. v. Trump , No. 5:20-cv-07741-BLF (N.D. Cal. Dec. 23, 2020).
Massachusetts - General
To slow the spread of COVID-19 and to avoid overwhelming Massachusetts hospitals, Governor Charlie Baker ordered (No. 59) further limitations on capacity at gatherings, events, and workplaces. These restrictions are effective at 12:01 a.m. on December 26, 2020, and will remain in place for at least
Washington State - General
Washington State Governor Jay Inslee has issued Proclamation 20-83 , which creates a mandatory 14-day quarantine requirement in response to the COVID-19 pandemic for travelers into the state from certain countries , including the United Kingdom and South Africa.
FLSA - Federal Minimum Wage
The U.S. Department of Labor (DOL) has issued its long-awaited Final Rule addressing who may share tips under the Fair Labor Standards Act (FLSA) and the circumstances under which employers may use a tip credit.
Labor Law - General
The National Labor Relations Board (NLRB) provided guidance on the propriety of mail or manual ballot elections. Aspirus Keweenaw , 370 NLRB No. 45 (Nov. 9, 2020).
Colorado - General
Colorado’s Equal Pay for Equal Work Act goes into effect on January 1, 2021, and applies to all entities with at least one employee in Colorado, including public bodies, schools, and private individuals.
Virginia
On July 15, 2020, Virginia became the first state in the nation to promulgate an Emergency Temporary Standard to address COVID-19 in workplaces. Even with vaccine deliveries on the way, Virginia has proposed a Permanent Standard for consideration by the Virginia Safety and Health Codes Board (which
New York - General
The New York City Council has passed two bills , Int. No. 1415-A and Int. No 1396-A, that, when enacted and effective, will impose significant obligations on covered New York City fast food industry employers.
New York - General
The New York City Council passed a bill expanding the scope of New York City’s Fair Chance Act (FCA).
Immigration - General
The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have allowed some flexibility due to the COVID-19 pandemic. Here are some of the changes in effect: Virtual Inspection Since March 2020, employers may inspect Section 2 documents virtually, e.g ., over video link