The U.S. House of Representatives has passed the Build Back Better Act (BBBA) (H.R. 5376) by a vote of 220–213. Supported by the Biden Administration and congressional Democrats, the controversial bill heads to the Senate for a vote.
- The National Labor Relations Board (NLRB), its Regions 2 (New York), 22 (Newark), and 29 (Brooklyn) and the Consulate General of México in New York have signed an agreement formalizing the relationship between the NLRB and the Mexican government. The agreement creates a relationship that will involve outreach and educational events conducted by the Regions’ personnel and Consulate staff for the benefit of the Mexican population they serve, according to the NLRB’s press release.
One day after the Occupational Safety and Health Administration (OSHA) released an Emergency Temporary Standard (ETS) titled “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (Mandate) (see 86 Fed. Reg., 61,402), a panel of the U.S. Court of Appeals for the Fifth Circuit granted a nationwide stay of the OSHA ETS.
On October 28, 2021, the U.S. Department of Labor (DOL) issued a Final Rule establishing limits on the amount of time tipped employees can spend performing work that is not “tip-producing work” and still be paid at the reduced cash wage applicable to tipped employees under the Fair Labor Standards Act (FLSA).
Many states have Occupational Safety and Health Administration (OSHA)-approved workplace safety and health programs (OSHA State Plans) and enjoy enforcement autonomy over workplace safety and health in those states, particularly with respect to the COVID-19 pandemic.
- National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo mandated the seeking of more aggressive remedies in unfair labor practice (ULP) cases. Office of General Counsel Memorandum GC 21-06, Seeking Full Remedies (issued Sept. 8, 2021). In a memorandum issued to NLRB field offices, Abruzzo directed staff to seek a variety of new remedies in ULP cases.
The use of the “Segal Blend” to calculate a company’s withdrawal liability when it withdrew from a multiemployer pension plan violated the Employee Retirement Income Security Act (ERISA), as amended by the Multiemployer Pension Plan Amendments Act (MPPAA), because it was not the actuary’s best estimate, the federal appeals court in Cincinnati has held in a milestone decision for employers with withdrawal liability exposure. Sofco Erectors, Inc. v.
- Democrats now hold a majority of seats on the National Labor Relations Board (NLRB). The new Democratic majority on the NLRB became official on Saturday, August 28, when President Joe Biden’s nominee David Prouty was sworn in as the fifth and final member, replacing management-side attorney and Republican appointee William Emanuel, whose term ended the day before.
The Path Out of the Pandemic - President Biden’s COVID-19 Action Plan is broad and multi-faceted.
While one of organized labor’s most important legislative priorities, the Protecting the Right to Organize Act (PRO Act), languishes with a seemingly limited chance at becoming law, employers still must brace for substantial pro-union changes to labor law. Recent developments at the National Labor Relations Board (NLRB) have clarified some significant avenues the NLRB may pursue.