News and Analysis
NLRB Eyes New Tests for Independent Contractors, Joint Employers
January 14, 2022The Democratic-majority National Labor Relations Board (NLRB) has announced plans to confront two Trump-era legal tests — one that addresses independent contractors and another that identifies when joint employers have a duty to collectively bargain. These changes could greatly expand the scope of union organizing efforts, according to this insight from OMA Connections Partner Benesch. 1/12/2022
Decision Time for OSHA’s COVID-19 ETS
January 7, 2022This morning, (Friday, Jan. 7), the U.S. Supreme Court will consider the legal challenge to OSHA’s COVID-19 emergency temporary standard (ETS), the vaccinate-or-test rule that impacts employers with 100 or more employees. (Members may listen to oral arguments online beginning at 10 a.m.) The court is expected to make a swift decision.
Reuters notes that the court has already rejected several religious-based challenges to state vaccine requirements. Today will be the first test of the federal government’s authority to issue its own COVID-19 vaccine mandates.
While the ETS is technically in effect now — due to a federal appeals court ruling last month — OSHA has said it will wait until Monday, Jan. 10 to begin issuing ETS citations. The agency says it will not issue citations for its testing requirement before Feb. 9 “so long as an employer is exercising reasonable, good-faith efforts to come into compliance with the standard.” 1/7/2022
Employment Law, HR Predictions for 2022
January 7, 2022When it comes to workplace law, OMA Connections Partner Fisher Phillips predicts 2022 will be another year full of new rules and regulations. The firm has published this top 10 list of employment law predictions for the new year. Among them, Fisher Phillips predicts the U.S. Supreme Court will decide several labor law disputes.
Meanwhile, OMA Connections Partner Clark Schaefer Hackett has issued its HR predictions for the next 12 months. 1/5/2022
Ohio Minimum Wage Poster Available Here
January 7, 2022Ohio’s minimum wage is now $9.30 an hour for non-tipped employees. Minimum wage in the Buckeye State is tied to inflation, as approved by voters in 2006. (For businesses with gross receipts under $342,000 in 2021, minimum wage remains $7.25, the federal standard.)
Here’s the 2022 minimum wage poster published by the Ohio Department of Commerce. Employers are required to post minimum wage and overtime information visibly in the workplace. 1/3/2022
‘Ban the Box’ Law Now Applies to Federal Contracts
January 7, 2022Federal contractors can no longer inquire about an applicant’s criminal history before extending a conditional job offer to work on a government contract. According to reports, the new prohibition stems from a Trump-era defense policy law. A proposed rule to guide compliance is expected soon. 1/4/2022