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Photo by Pete Alexopoulos on Unsplash The Texas legislature finished up a jam-packed legislative session over the summer that will have a profound impact on employment law in Texas. The Governor has also announced a special session on August 5  that did not proceed until late last week due to a lack of quorum as most of the Democratic legislators in the Texas House left the state to prevent a vote on a bill relating to voting laws. One of the measures that will be considered in the special session is “[l]egislation shielding private employers and employees from political subdivision…
In this episode, I discuss the Supreme Court’s labor and employment law cases for the 2020-2021 term. Among the cases discussed are Cedar Point Nursery v. Hassid, which concerned access for unions to agricultural employers in California. The Court found that granting unions access for up to 3 hours per day for 120 days per year was a taking and the employers should have been compensated. I discuss what this case may indicate for other labor law cases in the future. The episode also discusses California v. Texas, which concerns the Affordable Care Act; Henry Schein Inc. v. Archer and…
Photo by Jackie Hope on Unsplash While there were some important decisions in the 2020-2021 term, this term was not as groundbreaking as last term when the Supreme Court issued the Bostock decision that prohibited employers from discriminating against employees based on their sexual orientation or gender identity.  Here are the labor and employment cases that were decided this term:  Cedar Point Nursery v. Hassid There is a lot of controversy over this case. Some commenters have written that this is a radical decision and is disastrous for unions, The Court held that California’s law that allowed union organizers access…
In this episode, I discuss OSHA’s emergency temporary standard for businesses that engage in healthcare and healthcare support services. Specifically, I address which business must follow this standard, what are the requirements, and how businesses can follow the requirements that are outlined within the standards.  I also briefly discuss some of the other guidance that OSHA has issued for other businesses and what businesses can do to keep their employees safe. You can view more about OSHA’s emergency temporary standard on their website: https://www.osha.gov/coronavirus/ets You can view learn more about what employers should do regarding COVID on the following posts…
Photo by Danielle MacInnes on Unsplash As I have been explaining on my blog and podcast, the Biden administration may cause a turning point in the decline of unions as it does everything it can to support unions. Currently, only 6% of the private workforce is unionized and 34.8% of the public workplace is unionized. The rate of overall unionization has declined from 20.1% or 17.7 million workers in 1983 (the first year for which there is data on unionization from the BLS) to 10.8% or 14.3 million workers in 2020. There are 7.2 million union members in the…
In the most recent episode of my podcast (https://open.spotify.com/episode/2WmK1YxI8O9SOxeEnpqWNF?si=ibYbQMwHS4-sSjh0K60D9A) I discuss Amazon’s recent union organizing drive and what companies can do in a union organizing campaign. Why do companies and HR professionals need to educate themselves on union organizing? It is resurging under the Biden Administration.  This month Amazon won a union election at one of its warehouses (the results are still being challenged). This week President Biden signed an Executive Order on Worker Organizing and Empowerment. Yesterday, President Biden delivered an address to a joint session of Congress.  As a result of the Executive Order,…
Photo by Nadine Shaabana on Unsplash Many companies train employees on sexual harassment, but studies have shown that much of this training is ineffective and does not empower companies and employees to prevent harassment. The Equal Employment Opportunity Commission’s Select Task Force on the Study of Harassment in the Workplace issued a report in 2016 finding that some sexual harassment training even caused men to be more likely to blame both the harasser and the victim involved in a sexual harassment scenario. The EEOC’s study goes on to say that training often focused too much on legal standards and…
Photo by Glenn Carstens-Peters on Unsplash There is no company too small to have an employee handbook.  It provides the rules at any place of business, the expectations for various employees, and the rights that employees have at the company (like how much vacation employees get). A handbook eliminates the issue of employees being given different benefits and having to follow different rules (often based on what their manager makes up when a situation arises), which can lead to lawsuits for disparate treatment. When drafting a handbook it is especially important to carefully consider what policies the business must have.…
I’ve re-branded my podcast as Employment Law Problems. On the second episode of Work Law Problems,  second episode of Employment Law Problems, I discuss one of my favorite workplace topics: Workplace Investigations. Workplace investigations are one of the most critical steps to respond to any employment law or other workplace problem. Unfortunately, many companies are ill prepared to conduct an investigation or do so in a haphazard manner. In this episode, I review how companies can successfully conduct investigations in the workplace.  The first part of the episode covers what companies  should do before an investigation occurs including training managers, having a…
Photo by Masaaki Komori on Unsplash My last post linked to an article with five of the most common, and problematic, labor and employment law issues in bankruptcy. You can read last week’s article here. In a post on my firm’s blog, Michael Rubenstein, Randye Snyder, and I cover five additional labor and employment law concerns that companies must know and assess when they are undergoing bankruptcy. The covered topics include back wages, group health plans and COBRA, pension liability, trade secrets, and collective bargaining agreements. Filing for bankruptcy is a major deal and involves many different levels…