Labor and Employment Law Center

Information on the latest labor and employment legal and regulatory developments and how they may impact your business.


Philadelphia Bans Employers From Conducting Pre-hire Marijuana Testing

The new ordinance makes it an unlawful employment practice for employers, labor organizations, or employment agencies to require prospective employees to undergo pre-hire marijuana screening as a condition of employment in most jobs.
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NLRB Decides Not to Alter Contract Bar

Under this doctrine, the NLRB cannot process any petition that is filed seeking to decertify a union during the first three years of a valid collective-bargaining agreement.
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President Biden Creates Labor Organizing Task Force

The task force will be led by Vice President Kamala Harris and will also include cabinet officials and top White House advisers.

Acting General Counsel Peter Ohr Issues Memorandum Regarding “Concerted” Activity

What constitutes “concerted” activity has been a heavily litigated issue before the NLRB for many years. Most recently, the Republican controlled NLRB has taken a narrower view of “concerted activity.”

President Biden Reveals His First 11 Judicial Nominees

Included in this list was U.S. District Judge Ketanji B. Jackson, who President Biden nominated to fill a vacancy on the D.C. Circuit.
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Major NLRB Staffing Reductions Documented by U.S. Office of Congressional and Public Affairs

Earlier this week, the U.S. Government Accountability Office (GAO) released a report documenting the decrease in staffing that has occurred at the National Labor Relations Board over the past decade.
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American Rescue Plan Act’s COBRA Subsidy Imposes New Obligations on Employers and Health Plans

The structure of this COBRA subsidy is similar to the COBRA subsidy that Congress enacted in 2009 in connection with the financial crisis, but contains some nuances and several unanswered questions that the Department of Labor and the IRS will have to address.
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DOL Proposes Changes to Independent Contractor and Joint Employer Determinations

The U.S. Department of Labor announced two proposals last week to modify its current regulations.

NLRB Drops Proposed Rule on Unionization of Undergraduate and Graduate Students

The National Labor Relations Board (NLRB) announced their intention to publish a Notice of Withdrawal in the Federal Register, withdrawing a proposed rule regarding undergraduate and graduate students.
Biden Administration Labor and Employment Law Blog

Biden Administration Voices Support for the PRO Act

On March 8, 2021, the PRO Act got a major boost of support from the Biden Administration.
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Biden Fires EEOC General Counsel

Prior to the close of business on Friday, March 5, 2021, President Biden fired EEOC General Counsel Sharon Fast Gustafson.

House Passes the Equality Act

This bill, if enacted into law, would amend federal law to expressly prohibit discrimination on the basis of sexual orientation and gender identity in the contexts of, among other things, employment, public accommodations, housing and education.
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