On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National Labor Relations Act.
This Report examines reasons for the sizable jobs gap, how the Biden administration and state and local legislatures have shaped employment policy, the challenges presented by the evolving nature of work, and the urgent need for federal policy reforms.
On August 26, 2022, the Eleventh Circuit upheld a lower court’s injunction of Executive Order 14042, President Biden’s executive order requiring employees working on federal government contracts to be vaccinated for COVID-19, but narrowed its scope.
On August 19, 2022, OFCCP published a Federal Register notice advising employers that in response to a FOIA request, it is planning to produce confidential information that is protected from disclosure pursuant to a statutory exemption.
Over the past few years, cities and counties have gotten into the business of regulating the workplace, an area previously reserved to federal and state governments. Many local jurisdictions have focused particular attention on the hospitality industry.
On July 12, 2022, the U.S. Equal Employment Opportunity Commission updated its COVID-19 FAQs, with specific emphasis on viral testing, antibody tests, and other issues relating to workplace safety.
NLRB reaffirmed that regional directors have authority to dismiss representation and decertification petitions if they determine there is merit to a ULP charge involving misconduct “that would irrevocably taint” the petition and election.
Cities have started to implement their own workplace regulations, an area previously reserved to federal and state governments. The hotel industry, which often is one of the primary drivers of a local economy, has been a particular focus.
On July 7, 2022, the PBGC announced its final rule setting requirements and procedures for the Special Financial Assistance (SFA) program for financially troubled multiemployer plans.
