Where There’s (Wildfire) Smoke, There Are Safety and Compliance Concerns for Employers

As wildfire seasons grow longer and more severe, employers face growing obligations to protect employees from wildfire smoke exposure in the workplace. Employers with outdoor or poorly ventilated workforces should review their air quality monitoring, training, respiratory protection, and accommodations practices to be prepared to respond to these increasing risks.

To view the full alert, visit the Faegre Drinker website.

House Advances Bill to Impose 90 Day Deadline to Reach First Labor Contracts

On average, the timeline for reaching an initial collective bargaining agreement averages around 461 days. Employers that are facing or anticipating organizing campaigns should be ready to evaluate their labor relations strategies in light of this development, as enactment would dramatically compress the window available to negotiate first contracts.

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Labor Law Fault Lines: Emerging Divide Over the Constitutionality of NLRB Authority

At a Glance

  • Because the Fifth and Ninth Circuits reached opposite conclusions, an employer’s ability to challenge the NLRB’s structure or authority now depends on geography. Employers in states under the Fifth Circuit’s jurisdiction (like Texas, Louisiana and Mississippi) may have stronger grounds to contest NLRB proceedings than those in the Ninth Circuit (which covers much of the West Coast). 
  • A clear circuit split on a constitutional question often sets the stage for Supreme Court intervention. Businesses and counsel should monitor this issue closely; a future ruling could reshape how independent agencies like the NLRB operate. 

To view the full alert, visit the Faegre Drinker website. 

Gov. Polis Vetoes Colorado Legislature’s Attempt to Repeal Modified Right-to-Work Law

Had this law been enacted, Colorado would have joined Michigan as only the second state to recently repeal its right-to-work law. While Gov. Polis’ veto cannot be overridden since the legislative session is over, legislators have already indicated the bill will be reintroduced in the next session — a likely sign of things to come across the country as more states consider adopting their own laws to supplement the National Labor Relations Act.

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Kentucky Prohibits Enforcing Workforce Safety Standards That Are Stricter Than OSHA’s, and Shortens Time to File Complaints and Issue Citations

With the rapid changes currently coming out of Washington, it can be easy to overlook changes occurring at the state and local levels. And given the prerogatives of the Trump administration, especially around OSHA and its anticipated relaxed approach to the adoption of new workplace safety standards, employers should be mindful and expect to see continued activity amongst “state-plan” states in the coming months and years.

To view the full alert, visit the Faegre Drinker website.

Bipartisan Push for Speedier Labor Agreements: Senators Unveil the Faster Labor Contracts Act

On average, it takes well over a year for an employer and a newly certified labor union to reach agreement on a first contract. Nonetheless, operationalizing the proposed truncated timelines will often prove difficult, and result in significant burden on employers. In this dynamic time of change at the NLRB and in federal labor law, it is essential that employers stay mindful and up-to-date on the changes and what they might ultimately mean for their businesses.

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