Daniel Pasternak

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A Deep-Dive Analysis of Lion Elastomers – the NLRB’s Recent Pronouncement on Offensive Workplace Conduct (US)

Here’s the situation: You own a small business that employs 15 employees. You do your best to provide good pay and benefits, but, like many companies, your business has been adversely impacted by lingering effects of the pandemic and the overall sluggishness of the economy. You call an all-hands meeting and reluctantly inform your employees … Continue Reading

Recent Data Confirms Surge In Union Activity in US Workplaces (US)

Since approximately mid-2021, unions have been aggressively seeking to reassert their relevance in the US workplace. Extensive media coverage of high-profile union organizing campaigns at Amazon, Apple, Starbucks, Trader Joe’s, and other well-known large companies has chronicled those efforts, but unions have been hard at work seeking to organize employees at employers of all sizes … Continue Reading

NLRB Says Mere Offer To Employees Of A Severance Agreement Containing Broad Confidentiality and Non-Disparagement Terms Is Unlawful (US)

On February 21, 2023, the National Labor Relations Board (“NLRB” or the “Board”) decided in McLaren Macomb that an employer commits an unfair labor practice when it presents a non-supervisory employee with a proposed severance agreement containing broad confidentiality or non-disparagement provisions. Reversing two earlier decisions by the previous Republican-majority NLRB in 2020, a majority … Continue Reading

Impressing a Robot: EEOC Takes a Byte Out of AI Based Hiring (US)

Squire Patton Boggs Intern Ruzanna Mirzoyan discusses the EEOC’s focus on artificial employment tools in employment recruitment and hiring decisions. Job applicants might be surprised to learn that their resume may need to impress an artificial intelligence (“AI”) algorithm before they can score an interview. A significant (and growing) number of employers currently use AI … Continue Reading

Federal Trade Commission Proposes Rule Prohibiting Nearly All Non-Competition Agreements Between Employers and Workers (US)

On January 4, the United States Federal Trade Commission (FTC) issued complaints against three employers alleging that they unlawfully imposed non-competition restrictions on employees, including low-wage workers, that barred the employees from seeking or accepting post-termination employment with a competing business. The complaints allege that the employers’ requirement that employees enter into these non-competition agreements … Continue Reading

NLRB Issues Flurry of Blockbuster End-of-Year Decisions (With More to Come?) (US)

Over the course of one week in mid-December, the Democrat-appointed majority members of the National Labor Relations Board (NLRB or the Board) significantly altered the labor law landscape for employers by issuing a flurry of high visibility, much anticipated decisions. Among other things, these decisions will make it easier for unions to organize employees and … Continue Reading

NLRB Says Employers Must Allow Employees To Wear Pro-Union Clothing Unless “Special Circumstances” Exist (US)

On August 29, 2022, the National Labor Relations Board (NLRB or Board) overturned prior NLRB precedent and announced a new and highly restrictive standard for employers seeking to establish and enforce workplace uniform policies and dress codes. A large manufacturer maintained a dress code policy, which mandated that employees wear “assigned team wear” consisting of … Continue Reading

US Federal Labor Viewpoints – Week of January 17, 2022

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of January 17, 2022. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

OSHA Withdraws COVID-19 Vaccination-or-Test Emergency Temporary Standard (US)

As was anticipated by many, on Tuesday, January 25, the U.S. Occupational Safety and Health Administration (OSHA) announced the withdrawal of its November 2021 “Emergency Temporary Standard” (ETS) that would have required private sector US employers with 100 or more employees to either mandate COVID-19 vaccinations for their employees or require them to comply with … Continue Reading

US Federal Labor Viewpoints – Week of January 10, 2022

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of January 10, 2022. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

OSHA’s “Vax-or-Test” ETS: Where Do We Go From Here? (US)

By now, employers know that on January 13, the United States Supreme Court stayed the controversial “Emergency Temporary Standard” (ETS) issued by the U.S. Occupational Safety Administration (OSHA). (See our post discussing the Court’s ruling here). Now that the dust has settled somewhat, employers that would have been subject to the ETS had the Supreme … Continue Reading

Supreme Court Halts Implementation of OSHA Vaccine-or-Test Rule (US)

In a per curiam majority decision issued on January 13, 2022, the United States Supreme Court stayed the implementation of the U.S. Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) that would have obligated employers with 100 or more U.S. employees to require proof of COVID-19 vaccination or weekly COVID-19 testing, plus imposed … Continue Reading

US Federal Labor Viewpoints – Week of December 27, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of December 27, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week.In this issue, we … Continue Reading

US Supreme Court to Hear Vaccine Mandate Appeals

In a pair of orders consolidating several pending cases, on December 22, 2021, the US Supreme Court agreed to hear emergency appeals from orders from multiple federal appellate courts relating to two of the pending COVID-19 vaccine mandates – the Emergency Temporary Standard (ETS) issued by the US Occupational Safety and Health Administration (OSHA) and … Continue Reading

US Federal Labor Viewpoints – Week of November 29, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of November 29, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

The Sixth Circuit and OSHA’s Upcoming December 6th Deadline (US)

Our colleague Colter Paulson at Squire Patton Boggs’ Sixth Circuit Appellate Blog provides an update on the status of the lawsuits challenging OSHA’s Emergency Temporary Standard on COVID-19 vaccination and testing. Employers across the United States are wondering whether they need to comply with OSHA’s original, rapidly-approaching December 6th and January 4th deadlines.  And while … Continue Reading

OSHA Files Emergency Motion to Allow Vaccine-or-Test ETS to Move Forward (US)

Our colleagues Shams Hirji and Colter Paulson at SPB’s Sixth Circuit Appellate Blog provide an update on the latest legal maneuvers involving OSHA’s Emergency Temporary Standard requiring larger US employers to require employees be vaccinated against COVID-19 or submit to regular testing and other infection prevention measures. At 2:28 a.m. this morning [November 23, 2021], … Continue Reading

US Federal Labor Viewpoints – Week of November 8, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of November 8, 2021. *** In this issue, we cover: U.S. Economy Update Federal Vaccine Mandate Legal Challenges Update Other General COVID-19 Updates U.S. Agencies Promote Workers’ Rights Proposal … Continue Reading

US Federal Labor Viewpoints – Week of November 1, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of October 25, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we … Continue Reading

US Federal Labor Viewpoints – Week of October 25, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of October 25, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

EEOC Provides Updated Guidance to Employers Regarding Title VII and Religious Objections to COVID-19 Vaccine Mandates (US)

UPDATE (10/29/21): On October 28, 2021, the EEOC supplemented its updated guidance on religious accommodation from employer vaccine mandates by making public its own internal accommodation request form. The agency explained: “Although the EEOC’s internal forms typically are not made public, it is included here given the extraordinary circumstances facing employers and employees due to the … Continue Reading

US Federal Labor Viewpoints – Week of October 18, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of October 18, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of October 11, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of October 11, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of September 27, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of September 27, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
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