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2025 NLRB Forecast: What Employers Should Expect Under President Trump's Administration

On January 27, 2025 — seven days after he was sworn in — President Trump fired Gwynne Wilcox, a Democratic member, and former Chair of, the National Labor Relations Board (“NLRB” or the “Board”). Although Wilcox’s term was...more

OSHA’s Final Walkaround Rule: Welcome, Workplace Visitors!‎

On April 1, 2024, the federal Occupational Safety and Health Administration (“OSHA”) published its long-awaited Final Rule (the “Final Walkaround Rule”), which amends 29 C.F.R. 1903.8(c) – the agency’s regulation that...more

‎2023 NLRB Update: Key Developments for All Employers‎

During 2023, strikes involving Hollywood writers, actors, automobile workers, and airline workers have dominated news story headlines. Meanwhile, unionization efforts affecting private employers across all industries are...more

11/2/2023  /  Employer Liability Issues , NLRA , NLRB , Unions

U.S. Supreme Court Clarifies Undue ‎Hardship Standard for Religious Accommodation ‎Requests

In Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977), the U.S. Supreme Court held that “[t]o require [an employer] to bear more than a de minimis cost in order to” grant an employee a religious accommodation under...more

The NLRB Joins the Trend of Trying to ‎Restrict Non-Compete Agreements

Like several states and other federal agencies, through a memorandum published on May 30, 2023, the National Labor Relations Board’s (“NLRB”) General Counsel, Jennifer Abruzzo (“GC Abruzzo”), is pursuing an initiative to...more

The NLRB’s General Counsel Seeks Further Restrictions on Confidentiality and ‎Non-Disparagement Provisions in Severance Agreements

Following the recent decision in the matter of McLaren Macomb, the National Labor Relations Board’s (“NLRB”) General Counsel, Jennifer Abruzzo (“GC Abruzzo”), issued a memo detailing her view of confidentiality and...more

NLRB Significantly Restricts Employers’ ‎Use of Confidentiality and Non-Disparagement ‎Provisions in ‎Non-Supervisory Severance...

Through a divided decision in the matter of McLaren Macomb, the National Labor Relations Board (“Board”) significantly restricted the use of confidentiality and non-disparagement provisions in severance agreements for...more

NLRB Greatly Expands Scope of Unfair ‎Labor Practice Remedies

In a 3-2 ruling in the matter of Thryv, Inc. v. IBEW Local 1269, issued on Tuesday, December 13, 2022, the National Labor Relations Board (“NLRB” or the “Board”) formally changed the landscape of unfair labor practice...more

Supreme Court Clarifies Arbitration ‎Waiver Test

The United States Supreme Court’s recent decision in Morgan v. Sundance eliminates a longstanding rule requiring a plaintiff to establish they would be prejudiced by arbitration to prevail when arguing that a defendant waived...more

OSHA to Large Employers – Your ‎‎Employees Must Get Vaccinated or Get ‎Tested and Mask Up

UPDATE: On January 13, 2022, the Supreme Court of the United States stayed OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) pending disposition of the applicants’ petitions for review in the United...more

OSHA to Large Employers – Your ‎Employees Must Get Vaccinated or Get ‎Tested and Mask Up

UPDATE: On December 17, 2021, the United States Court of Appeals for the Sixth Circuit ‎issued an Opinion lifting the Fifth Circuit’s stay of OSHA’s COVID-19 Vaccination and Testing ‎Emergency Temporary Standard (“ETS”)....more

OSHA to Large Employers – Your ‎Employees Must Get Vaccinated or Get ‎Tested and Mask Up

Updated January 18, 2021 UPDATE: On December 17, 2021, the United States Court of Appeals for the Sixth Circuit ‎issued an Opinion lifting the Fifth Circuit’s stay of OSHA’s COVID-19 Vaccination and Testing ‎Emergency...more

The Wait Is Over and It’s Good News: OSHA Releases General Industry Guidance for ‎COVID-19

The day after President Joe Biden was inaugurated in January 2021, he issued an Executive Order on Protecting Worker Health and Safety, which directed the Occupational Safety and Health Administration (OSHA) to consider...more

OSHA Ramps-up COVID-19 Inspections and Enforcement

On March 12, 2021, the Occupational Health and Safety Administration (OSHA) took two major steps in the COVID-19 battle: it enacted a COVID-19 National Emphasis Program (NEP) and an Updated Interim Enforcement Response Plan...more

(Updated July 20, 2020) Key Questions for Employers Facing COVID-19 (FAQ)

(Updated July 17, 2020) NOTE: Because of the ever-changing COVID-19 legal environment, employers should consult with their inside or outside counsel for the latest developments and updated guidance on these topics. Please...more

3/31/2020  /  Coronavirus/COVID-19

NLRB Reverses Course with Significant Rulings on Employee Email Use, Investigation Confidentiality, and Union Election Rules

Many employers realize that the National Labor Relations Board’s (“Board”) priorities shift based on the President’s policy positions. The reason for this dynamic is that the President appoints the Board’s five members, and...more

2/6/2020  /  Email , Email Policies , NLRA , NLRB , Union Elections

Hot Issue for 2020: U.S. Supreme Court to Rule on Sexual Orientation and Gender Identity Discrimination

As employers head into 2020, the most closely-watched federal employment law issue is whether Title VII of the Civil Rights Act of 1964’s prohibition against discrimination “on the basis of sex” includes sexual orientation...more

City of Dallas Provides Guidance on Paid Sick Time Ordinance Set to Take Effect August 1

Employers will soon be required to provide paid sick time to employees who perform at least 80 hours of work per year within the City of Dallas. Dallas’s paid sick time ordinance (the “Ordinance”) is set to go into effect for...more

[Event] 29th Annual Employee Benefits Seminar - September 28th, Dallas TX

Please join the Locke Lord Employee Benefits and Executive Compensation Group for our 29th Annual Employee Benefits Seminar. Our attorneys will provide an overview of current developments related to employee benefit plans....more

[Webinar] Employment and Severance Agreements At Home and Abroad - Part 2: Employment Agreements (Two Part Series) - December 7th,...

Please join us for another of Locke Lord’s informative live webinars: a practical overview of employment agreements around the globe. On December 7th, our panel of speakers will discuss key aspects of employment agreements,...more

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