NLRB Looks to Circumstances to Determine Duration of Confidentiality Requirement in Investigation

In Alcoa Corp., the National Labor Relations Board addressed an important issue to both non-union and unionized employers alike concerning workplace investigations. Most importantly, the Board reaffirmed that an employer does not violate the National Labor Relations Act (NLRA) when it instructs employees to keep investigative interviews confidential for the duration of the workplace investigation.…

Read More

Employers React to Workers Who Refuse a COVID-19 Vaccination

As COVID-19 vaccines become widely available, many employers are asking if they can require employees to get vaccinated, and what they can do if workers refuse. Some employers are firing workers who won’t take the vaccine. The Equal Employment Opportunity Commission (EEOC) has weighed in with guidance that answers some workplace vaccination questions. Employers may encourage or…

Read More

OSHA Advises Employers Not to Record Adverse Reactions From Voluntary COVID-19 Vaccines on the 300 Log

OSHA yesterday issued an additional guidance addressing whether employers need to record adverse vaccine reactions on their 300 Logs. Consistent with the OSHA regulations, OSHA’s guidance explains that an adverse reaction to the COVID-19 vaccine is recordable if the reaction is: (1) work-related, (2) a new case, and (3) meets one or more of the general recording…

Read More

What Good Leaders Do When Replacing Bad Leaders

Any leader who is assuming a role previously held by someone else has to face their predecessor’s legacy, but those who are replacing poor or controversial leaders have a special challenge. These three strategies will help your company move on: 1) Acknowledge the contributions of the previous leader. Don’t ignore their contributions or blame them…

Read More

Manufacturers Should Prepare for OSHA’s New and Altered Proposed Hazard Communication Requirements

Manufacturers, suppliers, distributors, and importers have often struggled with communicating product hazards to downstream employees and users, due to complex hazard communication requirements in international standards, as well as federal and state law. The Occupational Safety and Health Administration (OSHA) has announced proposed amendments to the Hazard Communication Standard (HCS) in 29 CFR 1910.1200 to…

Read More

It’s Time Again for Employers to Ensure Handbook Compliance

It is early in 2021 and already the NLRB has before it ALJ determinations that employee handbook policies conflict with the NLRA. When analyzing employee handbook policies, the Board generally applies the Boeing test, whereby a handbook policy’s potential interference with employee rights under the NLRA is balanced against an employer’s legitimate justifications for the policy, when…

Read More

EEOC: IHOP Manager Conditioned Leave, Scheduling on Accepting Sexual Advances

A manager at a Frederick, Maryland, IHOP restaurant subjected women, including teen workers, to sexual harassment in violation of Title VII of the Civil Rights Act of 1964, the U.S. Equal Employment Opportunity Commission charged in a lawsuit. EEOC said the manager subjected female employees to unwanted advances and touching, sexual comments and intrusive questions about their…

Read More

Most Pay Equity Laws Stifle Employers’​ Ability to Make Progress

Forty-four states have enacted pay equity laws since the federal Equal Pay Act of 1963 was signed into legislation, according to Syndio, a pay equity analytics platform, and Fair Pay Workplace, a nonprofit. But despite the “well-intentioned” laws, progress on closing the pay gap has stalled, “The State of Pay Equity Laws in the U.S.—2021,”…

Read More