
Jennifer Abruzzo, the General Counsel for the NLRB, recently issued a memorandum outlining the key labor issues that she wants to target during her term as General Counsel.

The NLRB issued a ruling on August 25, 2021, finding that a New Jersey nursing home violated federal labor law by unilaterally changing its employee health insurance plan.

With the balance of power officially shifting, it will be important for employers to monitor NLRB decisions closely. We will make sure to update this blog regularly to communicate major changes in the law.

The updated guidance accompanies OSHA’s issuance of an Emergency Temporary Standard requiring employers in the health care and related industries to take certain precautions to protect employees from COVID-19.
OSHA recently issued an Emergency Temporary Standard (“ETS”) governing COVID-19 precautions in the health care setting.
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.
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.
The task force will be led by Vice President Kamala Harris and will also include cabinet officials and top White House advisers.

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.”
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.
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.
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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