- Posts by Nancy Gunzenhauser PopperMember of the Firm
Attorney Nancy Gunzenhauser Popper is sought after as an advisor by employers who want effective, practical counsel and solutions to the personnel issues they face every day. Nancy is adept at explaining highly nuanced laws that may ...
As explained in greater detail by our colleague Stuart M. Gerson, the Supreme Court of the United States handed down two major, and quickly decided, rulings on January 13, 2022. After hearing oral arguments only six days earlier, the Court issued two unsigned decisions per curiam. A 5-4 decision in Biden v. Missouri dissolved a preliminary injunction against enforcement of an interim final rule (“Rule”) promulgated by the Centers for Medicare & Medicaid Services (CMS), requiring recipients of federal Medicare and Medicaid funding to ensure that their employees are vaccinated against COVID-19.
But the Biden administration’s effort to promote universal vaccination with a more sweeping rule—an Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA) and directed at all U.S. employers with at least 100 employees—was blocked by the high court. A 6-3 decision reversed the action taken by U.S. Court of Appeals for the Sixth Circuit in December, and reimposed a stay of the ETS, meaning that OSHA may not enforce the mandate pending the outcome of further litigation.
While we have been reminding readers of the fact that the National Labor Relations Act (the “Act”) protects employees regardless of whether they are represented by a union and the Act applies to non-unionized workforces, too, recently a National Labor Relations Board (the “NLRB”) Administrative Law Judge issued a decision following an unfair labor practice (“ULP”) hearing based on a charge filed by a teacher at New York City’s prestigious Dalton School that should serve as an object lesson for employers in all non-union businesses.
The case, Dalton School, Inc.
- New York State Bans Workplace “Captive Audience” Meetings
- Federal Government Continues Initiatives to Limit Employer Opposition to Union Organizing
- NLRB Issues Final Rule on Joint-Employer Status, Answering a Major Question No One Asked
- NLRB Delivers Labor Day Gifts to Unions
- NLRB Issues Final Rule on NLRB Election Procedures; Returns to “Quickie Election” Procedures