Human Resources

ACTION ALERT – Tell Federal Lawmakers to Oppose the PRO Act

As we recently reported, Democrats on Capitol Hill have re-introduced legislation to expand employer National Labor Relations Act liability and bar collective action waivers under the law. The Protecting the Right to Organize (PRO) Act is opposed by the National Association of Manufacturers (NAM). Among the more than 30 provisions in the bill are the following:

• Eliminating the secret ballot in union elections;
• Limiting the use of independent contractors;
• Allowing unions to access private employee data; and
• Reinstating multiple Obama-era labor policies, including the joint-employer standard, persuader rule and ambush election rule.

The NAM is asking manufacturers to email their federal representatives to let them know employers’ concerns regarding the PRO Act. (A separate email campaign tool has been established for manufacturing employees.) 3/2/2021

DOL Reinstates Unemployment Benefits for Workers Who Refused Work Due to COVID-19

New guidance from the U.S. Department of Labor makes individuals who have refused work during COVID-19 eligible to collect unemployment benefits. According to this insight from OMA Connections Partner Frantz Ward, unemployed individuals can seek benefits retroactively as far back as Feb. 8 of last year. To be eligible, the individuals must attest to the unsafe work conditions in writing and under the penalty of perjury. 3/1/2021

U.S. House Passes LGBTQ Rights Bill

Late last week, the U.S. House passed what is known as the Equality Act, which would amend the Civil Rights Act of 1964 to include sexual orientation and gender identity as protected classes. However, according to analysis by OMA Connections Partner Roetzel, the bill appears to face an uphill battle in the Senate since it will require 60 votes in the case of a filibuster. 3/3/2021

Webinar: What Employers Must Know About Paycheck Deductions and Reimbursements

Employers may contemplate making deductions to an employee’s pay or requiring an employee to reimburse certain expenses. But not all deductions and reimbursements are treated the same under federal and state law. At noon Wednesday, March 10, OMA Connections Partner Fisher Phillips will host a webinar for HR professionals and general counsel who oversee complex wage and hour issues. Register here. 3/4/2021

Wage Information for Ohio Manufacturing

The OMA occasionally receives questions regarding wage and salary survey information for various Ohio manufacturing positions. One source for this information is MakingOhio.com — created by the OMA and its partners to spotlight careers in modern manufacturing. The site features a “jobs descriptions” section, which includes estimated wages for 25 different manufacturing positions. Check it out. 2/23/2021

Biden Appoints New Pro-Labor General Counsel

Last week, President Biden nominated Jennifer Abruzzo to serve as the next general counsel of the National Labor Relations Board (NLRB). This after Biden fired the previous NLRB general counsel, Peter Robb, a Trump appointee, in an unprecedented move. OMA Connections Partner Vorys, Sater, Seymour and Pease has provided this summary of Abruzzo’s career, telling clients to “not expect much good news from the NLRB for some time to come.” 2/22/2021

Equality Act Re-introduced on Capitol Hill

With a Democratic president and majority in both chambers of Congress, Democrats in the U.S. House have again introduced the Equality Act, which would amend federal civil rights laws to ban discrimination based on gender identity and sexual orientation. This update from OMA Connections Partner Roetzel points out that while the Equality Act was passed by the House in 2019, the then-Republican-controlled Senate did not consider it. President Biden has identified this issue as a priority for his first 100 days. 2/23/2021

CDC’s Vaccine Toolkit, OSHA’s Updated Guidance

The CDC recently updated its “Essential Workers COVID-19 Vaccine Toolkit,” which has information for employers and employees. The toolkit includes these resources:

• Sample letters and key messages;
• Printable flyers and posters; and
• Vaccine factsheets.

The CDC has also created employer guidance on workplace vaccination programs.

Meanwhile, OSHA has published detailed guidance on mitigating and preventing the spread of COVID-19 in the workplace, as well as updated employer FAQs — including content on reporting workplace exposure and employer requirements. 2/23/2021

Federal Bill Would Expand NLRA Liability, Ban Class Action Waivers

Democrats on Capitol Hill have re-introduced legislation to expand employer National Labor Relations Act (NLRA) liability and bar collective action waivers under the law. According to this report by HR Dive, the Protecting the Right to Organize (PRO) Act would codify Browning-Ferris, an Obama-era National Labor Relations Board (NLRB) ruling that interpreted the law’s “joint employer” definition to include those businesses that have only indirect control over workers, rendering such an employer liable for NLRA violations.

The bill also would effectively undo the U.S. Supreme Court’s 2018 ruling in Epic Systems in the NLRA context, which determined that employers can require workers to waive their rights to class or collective actions and to arbitrate disputes individually. The U.S. Chamber has called the bill “a threat to America’s workers, employers, and our economy.” 2/16/2021

NLRB Relaxes Financial Disclosure Requirements for Unions

Last week, the National Labor Relations Board’s general counsel rolled back Trump-era financial disclosure requirements for unions. Even without a complaint, unions had been required to explain fees charged to non-members. Now, beyond routine financial reporting, unions are only required to make extra disclosures if non-member employees complain about union fees. For more, read this summary from OMA Connections Partner Roetzel. 2/17/2021