Labor

Expert Analysis

• Contractor Classification Battle Unlikely To Cool Off In 2022

  

  Despite a flurry of activity in the independent contractor classification space, 2021 did not provide the clarity many practitioners hoped for — and this year there appears to be no sign of a cease-fire between those who favor and oppose making it easier to classify workers as contractors, say attorneys at McDermott.

• Top 10 Employer Resolutions For 2022: Part 2

  

  Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy continue their discussion of employer priorities for the new year, including plans to mitigate discrimination claims from remote workers, ensure LGBTQ inclusion, adapt vacation policies and more.

• Top 10 Employer Resolutions For 2022: Part 1

  

  Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy discuss how a constantly changing employment law landscape — especially concerning COVID-19 issues — requires employer flexibility when addressing priorities for the new year.

• Understanding Labor Law Issues In Starbucks Union Win

  

  Anne Lofaso at the West Virginia University College of Law lays out how labor law applies to Starbucks workers’ recent vote to unionize at a single store in Buffalo, New York, particularly with regard to determinations of appropriate bargaining units and communities of interest, and she predicts what this could mean for National Labor Relations Board standards and the future of organizing.

• Employer Lessons On NLRB Elections After Amazon Vote

  

  The ongoing labor saga at an Alabama Amazon distribution center — involving a failed vote to unionize this spring, subsequent claims of company misconduct and the National Labor Relations Board’s recent order of a second election — contains important employer takeaways on mail-in ballots, employee turnout and other key aspects of workplace elections, says Thomas Lenz at Atkinson Andelson.

• Employer Takeaways From NLRB Top Cop Immigration Memo

  

  After the National Labor Relations Board general counsel’s recent memo reiterating that the organizing rights of immigrant workers are protected under federal law, employers can expect vigorous enforcement of this policy in all aspects of the agency's investigation, litigation, enforcement and remedial activities, say Steven Swirsky and Erin Schaefer at Epstein Becker.

• DC Circ. Ruling Shows Slow-Rolled NLRB Compliance Is Risky

  

  The D.C. Circuit recently held MasTec Advanced Technologies in contempt of court for failing to comply with an order from the National Labor Relations Board, serving as a reminder to employers that a slow response to or ignorance of board and court orders may come with stiff sanctions, say attorneys at Hunton.

• 10 Developments That Shaped Employment Law In 2021

  

  Attorneys at Proskauer count down 10 of the most influential employment law developments of the year, each of which is profoundly affecting employers' risk calculations and workplace practices with their employees, with California becoming an even more challenging jurisdiction.

• Employer Vaccine Bargaining Duties After NLRB Memo

  

  Following a recent memo from the National Labor Relations Board’s general counsel, employers should assume bargaining obligations are triggered by all elements of the Occupational Safety and Health Administration’s COVID-19 vaccine or testing mandate, and quickly present an initial implementation position to unions, say attorneys at Morgan Lewis.

• 5 Tips For Navigating The Vax-Or-Test Mandate

  

  To help implement the long-awaited, but potentially fluid, COVID-19 emergency temporary standard detailing the federal vaccine-or-testing mandate, big employers should consider a series of strategies that balance flexibility with preparedness, say attorneys at Greenwald Doherty.

• NLRB Trucking Co. Ruling Signals Pro-Union Proclivity

  

  The National Labor Relations Board's recent unfair labor practice ruling against a group of trucking companies affiliated with Universal Logistic Holdings demonstrates that the current board leans toward union empowerment via a single-employer precedent that leaves little room for flexibility in corporate structures, says Sarah Moore at Zashin & Rich.

• How Labor Law May Affect Your COVID Vaccine Mandate

  

  Daniel Johns at Cozen O’Connor outlines the labor law considerations companies should remember when mandating COVID-19 vaccines in the workplace, particularly with regard to employers’ duty to bargain with unions, and employees’ rights to engage in concerted protected activity to protest such requirements.

• Public Agency Risks Grow Under New Calif. Pension Law

  

  Most public agencies will likely face reimbursement demands from the California Public Employees' Retirement System under a new state law that shifts the costs of reporting errors from retirees to employers, so affected agencies should scrutinize their collective bargaining agreements and specialty pay practices for potential risks, says Steven Berliner at Liebert Cassidy.