In this podcast, Tom Davis, co-chair of Ogletree Deakins’ Traditional Labor Relations Practice Group, provides an update on the current National Labor Relations Board’s (NLRB) representation-case (R-case) procedures, which have gone through substantial changes involving NLRB rulemaking in 2014 and 2019. Tom reviews the recent court of appeals decision resolving challenges to the 2019 modifications and how the NLRB intends to respond to that decision. He then reviews which proposed changes are and which ones are not in effect today: for example, when the list of eligible voters is due, when the certification of election results may occur, who can be an election observer certified by a union, the number of days permitted for various steps in the process, and whether ballots are impounded or counted when an election is appealed.
Employment Law Legends, Episode 6: The ADA Strikes Back in Sutton v. United Air Lines, Inc.
Is a person who wears glasses considered disabled under the Americans with Disabilities Act (ADA)? The answer to this question would perplex the courts for years and lead to a legendary showdown between Congress and the Supreme Court of the United States. When the dust settled, disability law would be changed forever.
Dirty Steel-Toe Boots, Episode 5: A First Look at OSHA’s New ETS With Phillip Russell and Eric Hobbs
In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Eric Hobbs, the chair of Ogletree Deakins’ Workplace Safety and Health Practice Group, for a first look at the emergency temporary standard (ETS) just released by the U.S. Occupational Safety and Health Administration (OSHA). The speakers discuss what an ETS is under the Occupational Safety and Health (OSH) Act, what it must contain, and legal arguments and procedures for how it may be challenged. Phillip and Eric also discuss various requirements for employers under the ETS including how it counts the 100+ employee minimum, how it excludes employees who work exclusively outside or remotely, and other key points.
Dirty-Steel Toe Boots, Episode 7: The Supreme Court’s Decision on OSHA’s ETS
In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Eric Hobbs, the chair of Ogletree Deakins’ Workplace Safety and Health Practice Group. Phillip and Eric take a first look at the Supreme Court’s decision staying the U.S. Occupational Safety and Health Administration’s (OSHA) enforcement of the Emergency Temporary Standard (ETS) until the Sixth Circuit Court of Appeals (and, ultimately, the Supreme Court) has an opportunity to weigh in on the merits. Phillip and Eric explore the implications of the Court’s stay on future court decisions, OSHA’s potential actions with regard to the ETS and the National Emphasis Program (NEP), and employer’s next steps in light of these judicial and agency actions.