You searched News & Insights for: "Christopher Manley & Publications"
01.16.2024Supreme Court Agrees To Resolve Circuit Court Conflict Over Standard For Section 10(j) Injunction In Unionization Efforts Targeting StarbucksThe boiling dispute over the unionization of baristas is heading to the Supreme Court. Section 10(j) of the National Labor Relations Act authorizes federal courts to issue preliminary injunctions against employers that are allegedly violating federal labor law. This allows the National Labor Relations Board to seek this extraordinary relief at the outset of a case, before the employer can defend itself during the NLRB’s lengthy administrative process.
01.14.2022High Court Blocks OSHA Vaccine or Test MandateYesterday, the U.S. Supreme Court blocked the implementation of OSHA’s Emergency Temporary Standards (“OSHA ETS”) that had applied to all private employers with 100 or more employees. OSHA’s standards had required these employers to issue a written policy requiring their employees be fully vaccinated or undergo weekly testing. Several business groups and states challenged the OSHA ETS.
11.10.2021Federal Government Issues Regulations Regarding Vaccine Mandates for Private EmployersRecently, we published a blog post describing the numerous state and federal vaccine mandates that have been announced. We noted that we were awaiting Emergency Temporary Standards from the Occupational Safety and Health Administration (“OSHA”) and revised regulations from the Centers for Medicare & Medicaid Services (“CMS”) regarding further vaccine mandates. OSHA and CMS released these regulations on November 4, 2021. Given the broad reach of these new requirements, employers must quickly assess the impact of the requirements on their workforces and, if necessary, implement policy changes.
10.29.2021Governor Murphy Requires Vaccination or Testing for All State ContractorsOn October 20, 2021, Governor Murphy signed Executive Order 271, which requires that New Jersey state contractors mandate vaccination or weekly COVID-19 testing for all their employees. This follows several other vaccine mandates that have been imposed by the State of New Jersey and the federal government. As these mandates go into effect, public and private employers need to be aware of their obligations under state and federal law to vaccinate and/or test their employees for COVID-19.
09.16.2021Third Circuit Upholds Arbitrator’s Imposition of Parent Company Liability for Pension Withdrawal LiabilityOn August 26, 2021, the Third Circuit confirmed that a corporation remained on the hook for the pension withdrawal liability of its bankrupt subsidiary despite diluting its ownership interest in the subsidiary below 80%, to avoid controlled group liability. The decision is an example of a court’s power under ERISA Section 4212(c) to disregard a transaction when it finds that the transaction’s principal purpose is avoiding pension withdrawal liability.
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