On August 2, 2023, the National Labor Relations Board reversed precedent on the issue of work rules that proscribe employee personal conduct. In Stericycle, the Board reversed and remanded an ALJ’s decision that found the employer violated Section 8(a)(1) by maintaining work rules addressing personal conduct, conflict of interest, and confidentiality of harassment complaints.
Workplace Compliance
Navigating the Future: Understanding the EEOC’s Latest Guidance on AI in Employment
This post was co-authored by Christian M. Wolgemuth, an attorney in McNees’ Privacy & Data Security and Litigation practice groups.
In our rapidly evolving technological landscape, the use of artificial intelligence (AI) has become more prevalent, touching virtually every aspect of our lives. From smart assistants that streamline our tasks to advanced data analytics that…
New I-9 Form and Updated Compliance
By Schaun D. Henry on
Most of our readers are aware of the fact that the COVID era policy which allowed employers to remotely examine documentation provided by employees for completing the form I-9 ended as of July 31, 2023. All employers will now have until August 30, 2023 to physically examine the I-9 documentation presented by the employees who…
More on Workplace Surveillance
By Adam Santucci & Conner Porterfield on
Posted in Employer Liability, Workplace Compliance
Our blog post on Nanny Cams in the workplace turned out to be one of our most popular posts (makes us wonder what people are putting in the search bar?). So, we thought we would follow up with some more information for employers about surveillance in the workplace.
Employers with unionized workforces will need to…
Tesla Violates Federal Labor Law with “Work Shirts” Rule
By Gregory Archibald on
The National Labor Relations Board has held that Telsa must allow employees to wear shirts with a union insignia while on the job. The decision is certainly a learning opportunity for employers and a strong signal of the approach to these issues likely to be taken by the Biden Board. Let’s look at the facts.…
CDC Further Relaxes COVID-19 Isolation and Mask Guidance: What Employers Need to Know
On August 11, 2022, the CDC issued new guidance regarding isolation and masking for individuals exposed to COVID-19. According to the CDC, high levels of immunity and the availability of COVID-19 prevention and management tools have reduced the risk for medically significant illness. While employers still must traverse through the complicated web of COVID-19 mitigation…
Allegheny County Paid Sick Leave Ordinance – Take Two
By Langdon Ramsburg on
Posted in Workplace Compliance
In January, we wrote about Allegheny County’s paid sick leave regulations that took effect in December 2021. Now, we write to tell you that the regulations have changed. The change will affect only one key industry – construction.
When the Allegheny County Board of Health drafted its paid sick leave regulations, it clearly modeled them…
Supreme Court Blocks OSHA COVID-19 Vaccination or Test ETS, Allows Separate Vaccine Mandate for Health Care Workers to Take Effect
By Andrew L. Levy, Adam R. Long & Abbegael Giunta on
Posted in Workplace Compliance
Yesterday, the United States Supreme Court issued hotly anticipated decisions on two federal government vaccine requirements in response to the ongoing COVID-19 pandemic.
In a 6-3 decision, the Court blocked the Emergency Temporary Standard (“ETS”) issued by the Occupational Safety and Health Administration (“OSHA”) that required employees of larger employers (i.e., those…
Allegheny County’s Paid Sick Leave Ordinance Takes Effect
By Ursula Siverling on
Posted in Workplace Compliance
Allegheny County recently enacted an ordinance requiring paid sick leave for covered employees (joining the cities of Pittsburgh and Philadelphia, which already have paid sick leave ordinances on the books). The ordinance took effect on December 15, and requires certain employees be given 40 hours of annual paid leave for a variety of reasons, including…
Sixth Circuit Dissolves Stay of OSHA ETS, Permitting OSHA to Resume Implementation of ETS
By Andrew L. Levy & Bill Boak on
Posted in Employer Liability, Workplace Compliance
On December 17, 2021, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit dissolved the stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) that had previously been issued by the U.S. Court of Appeals for the Fifth Circuit. We summarized the…