Court Enjoins CMS’s Vaccine Mandate for Medicare and Medicaid-Certified Providers

Following one federal court’s stay limited only to certain states (as discussed in our November 2021 E-Update), another federal court in Louisiana has now granted a nationwide preliminary injunction against the Center for Medicare and Medicaid Services’ (CMS) Interim Final Rule containing a vaccine mandate issued on November 5, 2021 (as discussed in our November […]

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NLRB GC Says OSHA’s ETS Will Require Unionized Employers to Bargain Over Implementation

On November 10, 2021 National Labor Relations Board General Counsel Jennifer Abruzzo issued a memorandum expressing her office’s views concerning employer bargaining obligations related to OSHA’s Emergency Temporary Standard (ETS) to Protect Workers from Coronavirus. Although the ETS is currently stayed (as discussed elsewhere in this E-Update), unionized employers must keep this guidance in mind if […]

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NLRB General Counsel Directs Regions to Pursue Full Remedies Against Employers

This month, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued two GC memos providing guidance to Regional Offices concerning what remedies should be sought when an employer has violated the National Labor Relations Act (NLRA). Specifically, GC Abruzzho directs Regions to seek the “full panoply of remedies available” to ensure that victims […]

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D.C. Circuit Opens Door to Biden Board to Expand Property Access for Off-Duty Contractor Employees

A National Labor Relations Board (“NLRB” or “Board’) decision that was once thought to be a significant win for employer property rights may ultimately result in increased property access for off-duty contractor employees, following a recent decision by the U.S. Court of Appeals for the D.C. Circuit. In September 2019, the National Labor Relations Board […]

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The Eleventh Circuit Provides Guidance to Successor Employers on Workforce Transitions Under the NLRA

In determining that the National Labor Relations Board’s decision finding that the Employer violated the National Labor Relations Act was not supported by substantial evidence, the U.S. Court of Appeals for the Eleventh Circuit provided some guidance to employers on workforce transitions from another employer. The case of Ridgewood Health Care Center, Inc. v. NLRB […]

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New NLRB General Counsel Signals Major Changes Ahead

On August 12, 2021, the recently confirmed General Counsel (GC) of the National Labor Relations Board, Jennifer Abruzzo, issued her first official memo. Per an NLRB press release, GC Memo 21-04 “lays out a clear agenda…on some priorities of the Office of the General Counsel.” The memo directs NLRB field offices to submit cases addressing […]

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Employers May Not Disparately Enforce E-mail Policies to Prohibit Union Activity

In a case applicable to unionized and non-unionized employers alike, the U.S. Court of Appeals for the D.C. Circuit found that an employer unlawfully discriminated against an employee under the National Labor Relations Act (NLRA) by reprimanding her for sending facility-wide e-mails seeking employee support for a union, supposedly in violation of the company’s e-mail […]

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NLRB Says Solicitation of Mail Ballots is Objectionable Conduct, Could Negate Election Results

The National Labor Relations Board (NLRB or the Board) held that solicitation of mail ballots is objectionable conduct during a NLRB-conducted election. The Board further held that an election would be set aside if the evidence establishes that a party’s ballot solicitation affected a determinative number of voters – i.e., a number of voters greater […]

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