Steven W. Suflas

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On June 24, 2021, the U.S. House of Representatives voted to overturn a formal rule that imposed heightened information sharing requirements on the Equal Employment Opportunity Commission (“EEOC”) during the EEOC’s conciliation process.  The Senate has already voted to repeal the rule.  The bill will now be sent to President Biden, who is expected to sign it into law.… Continue Reading

A federal judge in Colorado has upheld the enforceability of Colorado’s pay transparency law, despite vigorous challenges from the business community. As previously reported here, in November 2020, Colorado passed sweeping new regulations regarding equal pay transparency under the state’s Equal Pay for Equal Work Act. Under that law, employers in Colorado have to issue compensation ranges in all job postings, including internal promotions.… Continue Reading

On April 21, 2021, the National Labor Relations Board (“Board” or “NLRB”) voted to keep in place its long standing rule limiting when workers can try to remove an existing union from the workplace or bring in another – the so-called “contract bar” doctrine.

In June of last year, the Board invited public comment on the contract bar issue and received briefs from unions, employer advocates, lawmakers, and others on the subject. … Continue Reading

On March 22, 2021, the U.S. Senate confirmed the Presidential nomination of Boston mayor Marty Walsh as Secretary of the Department of Labor.  The vote was 68 to 29, demonstrating bipartisan support.

A former union boss, Walsh first joined the Laborers’ Union Local 223 at age 21.  By 2011, he had risen to lead the Boston Trades Council, a group that represents construction unions. … Continue Reading

Meredith Dante and Steve Suflas discuss developments at the National Labor Relations Board (NLRB) in the early days of the Biden administration and the challenges employers, even ones without unions, will face with the return to a more activist NLRB.  The podcast will discuss the likely return to Obama-era rules and guidance, particularly in the area of protected concerted activity.… Continue Reading

The newly appointed Acting General Counsel of the National Labor Relations Board, Peter Sung Ohr, rescinded 10 General Counsel Memoranda issued by his predecessor that provided guidance on issues including: standards for review of employer handbook policies, handling of charges involving allegations that unions have breached the duty of fair representation, deferral of unfair labor practices to grievance arbitration, decertification petitions, and the obligations of unions to notify bargaining unit members of their rights not to pay dues.… Continue Reading

Ballard Spahr Labor attorneys Meredith Dante, Steve Suflas, and Chris Kelly discuss what a Biden-Harris administration means for employers in the area of labor and employment law. The team discusses what they expect to see from a new administration regarding: potential changes to the National Labor Relations Act; the priorities of a new National Labor Relations Board; wage and hour impacts, and worker classification, at the federal level; and evolving equal employment opportunity, and equal pay, issues.… Continue Reading