NLRB General Counsel Rescinds Trump-era Memos, Signaling Shift Toward New Policy Objectives

Signaling the beginning of what likely will be a major policy shift, Peter Ohr, acting General Counsel of the National Labor Relations Board, revoked 12 administrative guidance memoranda issued by his predecessor, Peter Robb. Both union and nonunion employers should keep a close eye on further action by Ohr.

For the full alert, visit the Faegre Drinker website.

Starting With a Bang: Biden Shakes up the NLRB

On day one of his administration — and within hours of being sworn in — President Joe Biden made significant changes at the National Labor Relations Board (NLRB). After Peter Robb, the Board’s Trump-appointed general counsel (GC), refused a request to resign, Biden fired him. The following day, the Biden administration fired deputy general counsel Alice B. Stock after she, too, refused to resign from the Board. At the same time, Biden named Lauren McFerran, the only Democratic member of the Board, as chair, replacing Republican member John Ring.

For the full alert, visit the Faegre Drinker website.

Potential Changes to Labor Policy Under a Biden Administration

Employers should anticipate major changes to national labor policy when President-elect Joe Biden assumes the Oval Office. Through a combination of legislation and revisiting Trump-era NLRB decisions, the incoming administration will likely seek to increase union membership by facilitating organization, shortening election periods and reducing the bargaining period for the first collective bargaining agreement.

For the full alert, visit the Faegre Drinker website.

Department of Labor Wage & Hour Division Provides Work From Home Guidance

On August 24, 2020, the Wage and Hour Division of the Department of Labor (DOL) published guidance addressing employer obligations to track employee hours while teleworking. The DOL emphasized that though the guidance is being issued in part due to the increase in teleworking arrangements with COVID-19, it applies to all telework or remote work arrangements, not only those caused by the pandemic.

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Veteran Focused Reviews Are Underway: Are You Next?

On August 4, 2020, the Office of Federal Contractor Compliance Programs (OFCCP) announced via email that it has begun scheduling Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) focused reviews.

VEVRAA focused reviews are dedicated to evaluating contractor compliance with VEVRAA equal employment opportunity requirements. The OFCCP evaluates contract compliance through a variety of methods, including evaluation of:

  • Hiring and compensation related data
  • Policies and practices — including recruitment, hiring and accommodation requests
  • Onsite interviews of managers and employees

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Political Strike Guidance for Employers: Preparing for ‘Strike for Black Lives’

On July 20, labor organizations across the country are planning a “Strike for Black Lives,” a national walkout in support of “dismantling racism and white supremacy to bring about fundamental changes in our society, economy and workplaces.” When preparing for this and any political strike, employers should develop a response strategy — grounded in NLRB interpretations of employees’ rights to conduct political demonstrations — to limit liability and keep their businesses running.

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