Karli Lubin Talmo

Earlier this week, in an ongoing case between Cemex Construction Materials Pacific, LLC and International Brotherhood of Teamsters, NLRB General Counsel Jennifer Abruzzo filed a brief calling for the Board to reinstate the 1949 Joy Silk Mills decision – which has not been enforced since the late 1960s.  Under Joy Silk, employers may be required to recognize and bargain with a labor group prior to an election when the union provides evidence of authorization cards signed by a majority of the employees in the proposed unit (known as a card check), unless they have clear evidence against the group’s majority support.… Continue Reading

On February 7, 2022, the Task Force on Worker Organizing and Empowerment publicly released its report to President Joe Biden, offering nearly 70 recommendations to promote pro-union policies and practices in the public and private sectors. The Task Force, chaired by Vice President Kamala Harris, embodies President Biden’s vow to be the “most pro-union President” in United States history.… Continue Reading

As we previously reported here, the Biden Administration has seen significant setbacks as courts around the country halt the administration’s vaccine mandates, including the emergency Interim Final Rule issued by the Centers for Medicare and Medicaid Services (CMS). Specifically, on November 29, Judge Matthew T. Schelp of the U.S. District Court for the Eastern District of Missouri enjoined the CMS Rule in the ten states who brought an action seeking preliminary injunction (Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming).… Continue Reading

On November 17, 2021, the EEOC, as it has done throughout the pandemic, updated its COVID-19 Technical Assistance manual. The additional questions and answers clarify that applicants and current and former employees are protected from relation for exercising EEO rights in connection with COVID-19. The guidance identifies particular examples of protected activity, which employees may engage in without fear of retaliation, including:

  • Filing a charge, complaint, or lawsuit, regardless whether the underlying discrimination allegation is successful or timely.
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The deadline for covered federal contractors to comply with the vaccine mandate was extended from December 8 to January 4.  For more information on the mandate, read our September post.  The Safer Federal Workforce Task Force also updated its FAQs on the mandate to address coverage for affiliated entities.

This extension of the deadline comes at the same time that OSHA issued an Emergency Temporary Standard that requires most private-sector employers with 100 or more employees to have their employees vaccinated or test weekly by January 4. … Continue Reading

On Thursday, November 4, the Centers for Medicare & Medicaid Services (CMS) announced an Interim Final Rule requiring that all staff employed by covered Medicare- and Medicaid-certified providers must receive a first COVID-19 vaccine dose by December 5 and have received both doses of a two-vaccine series by January 4 unless they have been granted a medical or religious exemption.… Continue Reading

On September 24, 2021, the White House issued Guidance explaining that Federal contractors and subcontractors with a covered contract or contract-like instrument must comply with the following workplace safety protocols:

  1. COVID-19 vaccination of covered contractor employees, except where an employee is legally entitled to an accommodation;
  2. Compliance with masking and physical distancing while in covered contractor workplaces; and
  3. Designation of a person or persons to coordinate COVID-19 workplace safety efforts at covered contractor workplaces.
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As we previously posted, the City of Philadelphia announced that vaccines will be mandatory for healthcare workers and those at colleges and universities in the city, absent a religious or medical exemption, beginning on October 15, 2021. On August 16, the Board of Health adopted the Emergency Regulation Governing the Control and Prevention of COIVD-19 Mandating Vaccines for Healthcare Workers and in Higher Education, Healthcare and Related Settings (“Emergency Regulation”).… Continue Reading

This week, the City of Philadelphia announced a number of new COVID restrictions and mandates in an effort to curb the spread of the Delta variant, and warns that further action may be necessary if case counts continue to increase.

 Masks or Proof of Vaccination Required for Indoor Businesses

On August 11, the City announced new masking restrictions for indoor business and institutions.… Continue Reading

The City of Philadelphia announced new masking restrictions on August 11. Beginning at 12:01 a.m. on August 12, indoor businesses and institutions in Philadelphia must either require masks for employees and customers or verify that everyone is fully vaccinated. For businesses that do not require proof of vaccination, all customers and employees must wear masks, regardless of vaccination status.  … Continue Reading