#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized LaborEmployment Law This Week® - Episode 216 June 30, 2021
It’s #WorkforceWednesday! This week, we look at the increase in mandatory vaccination policies, a new rule for tipped workers, and a Supreme Court decision against organized labor.
Employers Implement Mandatory Vaccination Policies
Mandatory vaccine policies are on the rise. A month after the Equal Employment Opportunity Commission released updated guidance on mandatory vaccination policies, an increasing number of employers have started introducing these mandates. Courts are also weighing in—a Texas District Court recently affirmed a hospital’s mandatory vaccination policy.
DOL Brings Back Tipped Worker 80/20 Rule
The Department of Labor (DOL) has proposed a new rule that would once again regulate the amount of time a tipped employee can spend on non-tipped work. The Trump DOL previously withdrew the 80/20 rule. Learn more.
Supreme Court Rules Against Organized Labor
In a blow to organized labor, the U.S. Supreme Court has ruled that a California law allowing union organizers to meet with agricultural workers on an owner’s property is unconstitutional. The court found that the law amounts to a taking of the owner’s property without just compensation. Click for more.
Increasing Scrutiny of No-Poach Agreements
The crackdown on unlawful no-poach agreements has made it to the state level. An Illinois court recently denied a motion to dismiss a state action against a manufacturing company and three staffing agencies that allegedly entered into unlawful no-poach and wage-fixing agreements. Read more about the case.
NLRB Memo on COVID-19 Policy Complaints
A recent National Labor Relations Board advice memorandum indicates employee questions and complaints regarding COVID-19 safety policies and practices are unlikely to constitute protected concerted activity unless the questions and complaints are intended to improve conditions of employment and occur in a group setting or on behalf of, or in concert with, other employees. Here’s more.
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