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NLRB Guidance on Unionized Employer Bargaining Obligations when implementing OSHA’s ETS to Protect Workers from Coronavirus

Nov 19, 2021

The National Labor Relations Board (NLRB) has released guidance on unionized employers’ bargaining obligations when implementing the Occupational Safety and Health Administration’s Emergency Temporary Standard to Protect Workers from Coronavirus (ETS). The ETS, if put into effect, would require employers with 100 or more employees to either institute a vaccine mandate or implement a testing program. The NLRB guidance advised that unionized employers must bargain over the latitude provided to employers by the ETS in making discretionary decisions for implementation of the mandate or testing program. Additionally, the guidance dictated that unionized employees should bargain over the potential effects of the ETS on the terms and conditions of employment and consequences for employees who fail to comply.


This guidance comes despite the November 16 announcement by the Occupational Safety and Health Administration that it was suspending implementation of the ETS. This announcement comes as a response to the Fifth Circuit Court of Appeals Order that ordered a pause on implementation of the ETS in light of pending litigation. In total, there were 34 petitions filed in 12 different circuit courts which sought review of the OSHA rule. In accordance with procedure, the cases were consolidated and a drawing selected the Sixth Circuit Court of Appeals to hear the challenges as a consolidated case. The Sixth Circuit will have the authority to modify or strike down the Fifth Circuit’s Order. It is expected that the United States Supreme Court will likely have the final say on this matter.


If you have questions about OSHA’s Emergency Temporary Standard, or any other general employment issues, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

06 Mar, 2024
Walking a Fine Line  By Trevor Brice, Esq.
14 Feb, 2024
Effective January 1, 2024, all businesses conducting and engaging in business within the United States, have one more requirement to add to their list. The Corporate Transparency Act (“CTA”), was passed by Congress in 2021, and recently took effect January 1, 2024. What is it? The Act requires businesses to report their “beneficial owners” to the government through a Beneficial Ownership Information (BOI) report. A “beneficial owner” is someone who owns 25% or more of the business or exercises substantial control over it. The reports are made to the United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN), which has been tasked with maintaining a national registry of beneficial owners of the reporting companies. Why was this passed? The Act is Congress’ attempt to prevent money laundering, terrorism financing, tax fraud, and other illicit activities including human and drug trafficking and securities fraud (aka prevent shell corporations and hiding money). While shell corporations are not illegal, they can be used to engage in activities that shield entities from legal liability, which is disfavored by the government and courts. Certain circumstances actually benefit from the use of a shell corporation, i.e. where companies seek to take advantage of doing business “offshore.” However, the “bad actors” who abuse this business structure have used such strategies for personal gain and, according to the government, hide from legal liability. Who does it effect? The new reporting requirement affects all businesses, corporations, and LLCs, no matter how big or small. It also affects non-US entities that are registered to conduct business with any state or territory within the United States. How do you comply? To remain in compliance with the reporting requirement, business must file the report by year end of 2024. If you create a business this year, 2024, but before January 1, 2025, you will have 90 calendar days after receiving notice of the company’s creation or registration to file the initial BOI report. Notice is actual notice received or public notice by the secretary of state, whichever is earlier. Failure to comply could lead to financial penalties or jail time. Such penalties include felony convictions, $500 daily (for every day of non-compliance) penalty up to $10,000, up to two years in prison. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
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