Heylee Bernstein
New York
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Articles by Heylee Bernstein
UPDATE: NLRB GC Issues Guidance on Non-Disparagement and Confidentiality Provisions
Following up on our Employer Update earlier this month, we are writing with an update that Jennifer Abruzzo, the General Counsel (GC) of the National Labor Relations Board (NLRB or Board), has issued Guidance on the Board's decision in McLaren Macomb and Local 40 RN Staff Council, 372 N.L.R.B. No. 58 (2023) (Guidance).
NLRB Takes Aim at Non-Disparagement and Confidentiality Provisions For Union and NonUnion Employees
On February 21, 2023, the National Labor Relations Board (NLRB or Board) issued a significant decision concerning the use of confidentiality and nondisparagement provisions in separation agreements with “non-supervisory” employees.
Department of Labor Removes Fair Labor Rule, Move Toward Fair Wages
July 30, 2021 Registered and Authorized Medical Cannabis Patients in Puerto Rico... by: Juan Felipe Santos and Sara E. Colón-Acevedo DOL Rescinds Trump-Era Joint Employer Rule by: Heylee S. Bernstein and Allan S Bloom Another One Bites the Dust: You Might Be Your Brother Employer’s... by: Monica L. Frantz Flattening the Curve: Are Vaccination Mandates a Viable Strategy for... by: Blake H. Reeves and Jason T. Weber Immigration Weekly Round-Up: NJ Driver’s Licenses Skyrocket; White... by: William C.
Massachusetts Enacts COVID-19 Emergency Paid Sick Leave
United States: Massachusetts Enacts COVID-19 Emergency Paid Sick Leave 09 June 2021 by Mark W. Batten and Heylee Bernstein Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Last week, Massachusetts Governor Charlie Baker signed legislation providing for COVID-19 Emergency Paid Sick Leave for Massachusetts employees. Governor Baker vetoed an earlier version of the bill in April.
Massachusetts Enacts COVID-19 Emergency Paid Sick Leave | JD Supra
Last week, Massachusetts Governor Charlie Baker signed legislation providing for COVID-19 Emergency Paid Sick Leave for Massachusetts employees. Governor Baker vetoed an earlier version of the bill in April. The revised bill, signed into law on May 28, 2021, takes effect on Monday, June 7, 2021. Employees are eligible for COVID-19 Emergency Paid Sick Leave until September 30, 2021, or until the Fund (explained below) runs out, whichever is earlier.
OSHA Issues New Workplace Safety Guidance Regarding COVID-19 | JD Supra
As we previously reported, last week President Biden directed the Secretary of Labor to issue revised guidance to employers on workplace safety during the COVID-19 pandemic. In response to that directive, OSHA issued what the DOL described as “stronger” worker safety guidance to advise employers during the COVID-19 pandemic. OSHA’s newest guidance, titled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace”, is also only advisory.
Biden Continues To Address Administration's Top Labor Positions, Plans To Nominate Julie Su As Deputy Labor Secretary
United States: Biden Continues To Address Administration's Top Labor Positions, Plans To Nominate Julie Su As Deputy Labor Secretary 03 February 2021 by Allan S. Bloom and Heylee Bernstein Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. According to a Bloomberg Law report, President Biden plans to nominate Julie Su as the Department of Labor's Deputy Secretary.
OSHA Issues New Workplace Safety Guidance Regarding COVID-19
United States: OSHA Issues New Workplace Safety Guidance Regarding COVID-19 03 February 2021 by Harris M. Mufson , Lexie Reynolds and Heylee Bernstein Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. As we previously reported, last week President Biden directed the Secretary of Labor to issue revised guidance to employers on workplace safety during the COVID-19 pandemic.
Biden Continues to Address Administration’s Top Labor Positions, Plans to Nominate Julie Su as Deputy Labor Secretary | JD Supra
According to a Bloomberg Law report, President Biden plans to nominate Julie Su as the Department of Labor’s Deputy Secretary. Su has already accepted the nomination and a formal announcement of her selection is forthcoming. Su currently serves as Secretary for the California Labor and Workforce Development Agency. Prior to her current role, Su served as California’s Labor Commissioner from 2011 through 2018.
OSHA Issues New Workplace Safety Guidance Regarding COVID-19
As we previously reported, last week President Biden directed the Secretary of Labor to issue revised guidance to employers on workplace safety during the COVID-19 pandemic. In response to that directive, OSHA issued what the DOL described as “stronger” worker safety guidance to advise employers during the COVID-19 pandemic. OSHA’s newest guidance, titled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace”, is also only advisory.
Biden Continues to Address Administration’s Top Labor Positions, Plans to Nominate Julie Su as Deputy Labor Secretary
According to a Bloomberg Law report, President Biden plans to nominate Julie Su as the Department of Labor’s Deputy Secretary. Su has already accepted the nomination and a formal announcement of her selection is forthcoming. Su currently serves as Secretary for the California Labor and Workforce Development Agency. Prior to her current role, Su served as California’s Labor Commissioner from 2011 through 2018.
After Unprecedented Firings of General Counsel and Deputy General Counsel, President Biden Names Peter Sung Ohr Acting General Counsel of the NLRB | JD Supra
President Biden named Peter Sung Ohr as Acting General Counsel of the National Labor Relations Board today. Ohr is a career employee of the NLRB, having served as a Field Attorney, Deputy Assistant General Counsel in the NLRB’s Division of Operations-Management, and as Regional Director of the Board’s Chicago Regional Office.
BREAKING: President Biden Continues NLRB Shake-Up By Firing Acting NLRB GC | JD Supra
One day after a standoff between President Biden and NLRB General Counsel Peter Robb resulted in his unprecedented termination, President Biden fired the NLRB’s second-ranked attorney, NLRB Deputy General Counsel Alice Stock, according to a Bloomberg report. Stock would have served as Acting NLRB General Counsel after Robb’s termination on January 20th. As of this posting, it is not clear who will be appointed to serve as Acting General Counsel.
President Biden Requests NLRB General Counsel Resign | JD Supra
*** UPDATE: On his first day in office, President Biden fired NLRB General Counsel Peter Robb, according to a report by Bloomberg News. This marks the first time in the history of the NLRB that a President has terminated the agency’s General Counsel before the expiration of their term. As we reported earlier below, President Biden requested Robb’s resignation earlier in the day, and he declined.
NLRB Finds Employer Acted Lawfully by Paying Statutory Minimum Christmas Bonus, Rejecting Unilateral Change and CBA Modification Claims | JD Supra
On January 14, 2021, the NLRB issued a decision in Asociacion de Empleados del Estado Libre Asociado de Puerto Rico, 370 NLRB No. 71. The decision involved the issue of whether a term of employment contained in a collective bargaining agreement continues after the expiration of the contract. This issue has been vexing for employers and unions for years.
NLRB Finds Employer Acted Lawfully By Paying Statutory Minimum Christmas Bonus, Rejecting Unilateral Change And CBA Modification Claims
Puerto Rico: NLRB Finds Employer Acted Lawfully By Paying Statutory Minimum Christmas Bonus, Rejecting Unilateral Change And CBA Modification Claims 21 January 2021 by Mark Theodore , Joshua Fox and Heylee Bernstein Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. On January 14, 2021, the NLRB issued a decision in Asociacion de Empleados del Estado Libre Asociado de Puerto Rico, 370 NLRB No. 71.
Paid Family and Medical Leave Benefits Become Available in Massachusetts on January 1st: Is Your Workplace Ready? | JD Supra
For Massachusetts employers, or employers with Massachusetts-based employees, Paid Family and Medical Leave (“PFML”) has been on the horizon for nearly two years. By now, you have notified your workforce about benefits and contributions, displayed a poster informing them of the same, determined the size of your workforce and who is a “covered individual,” begun making deductions on behalf of eligible employees or applied for a private plan exemption, and more.
A Bias Against Neutrality Agreements: NLRB Regional Director Issues Complaint Against Hotel For Supporting Organizing Union
United States: A Bias Against Neutrality Agreements: NLRB Regional Director Issues Complaint Against Hotel For Supporting Organizing Union 10 December 2020 by Michael J. Lebowich , Joshua Fox and Heylee Bernstein Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
A Bias against Neutrality Agreements: NLRB Regional Director Issues Complaint against Hotel for Supporting Organizing Union | JD Supra
On November 30, 2020, the NLRB Regional Director issued a Complaint against the Yotel Boston hotel and Unite Here Local 26, alleging the Hotel unlawfully recognized and provided improper assistance to the Union. The Hotel and the Union were parties to a neutrality agreement. As is common in such agreements, the Hotel agreed to provide the Union with employee contact information and access to non-public parts of the property.
New York Court Dismisses Amazon Workers' COVID-19 Health And Safety Claims
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New York Court Dismisses Amazon Workers’ COVID-19 Health and Safety Claims | JD Supra
On November 2, 2020, the Eastern District of New York issued a notable decision regarding an employer’s compliance with federal and state public health law during the COVID-19 pandemic. This is not the only case of its kind during the pandemic, and we certainly don’t expect that it will be the last as employers should be prepared to defend claims that they did not follow the governing health protocols or otherwise ensure the health and safety of their employees.
New York Court Dismisses Amazon Workers’ COVID-19 Health and Safety Claims
On November 2, 2020, the Eastern District of New York issued a notable decision regarding an employer’s compliance with federal and state public health law during the COVID-19 pandemic. This is not the only case of its kind during the pandemic, and we certainly don’t expect that it will be the last as employers should be prepared to defend claims that they did not follow the governing health protocols or otherwise ensure the health and safety of their employees.
NLRB Advice Memorandum: Firing Employees Because of Discussions Related to Tip-Pooling Violates Section 8(a)(1) | JD Supra
In an Advice Memorandum released Thursday, the NLRB’s Division of Advice concluded that employees who discussed an employer’s tip-pooling practices engaged in protected concerted activity, such that discharging the employees for this activity violated Section 8(a)(1) of the NLRA. Employees working at a steakhouse in New York City often complained about the restaurant’s tip-pooling system. Under the system, management counted and divided tips among employees regardless of the employees’ shift.
NLRB Advice Memorandum: Firing Employees Because Of Discussions Related To Tip-Pooling Violates Section 8(a)(1)
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
NLRB Advice Memorandum: Firing Employees Because of Discussions Related to Tip-Pooling Violates Section 8(a)(1)
In an Advice Memorandum released Thursday, the NLRB’s Division of Advice concluded that employees who discussed an employer’s tip-pooling practices engaged in protected concerted activity, such that discharging the employees for this activity violated Section 8(a)(1) of the NLRA. Employees working at a steakhouse in New York City often complained about the restaurant’s tip-pooling system. Under the system, management counted and divided tips among employees regardless of the employees’ shift.
SDNY Decision Strikes Down Portions of DOL’s FFCRA Regulations | JD Supra
On August 3, Judge Paul Oetken of the Southern District of New York issued a decision invalidating various portions of the Department of Labor’s rules implementing the federal Families First Coronavirus Response Act (FFCRA). The FFCRA is the federal law that provides emergency relief and support to employees who need to take leave from work for COVID-19 related reasons during the pandemic.
SDNY Decision Strikes Down Portions of DOL’s FFCRA Regulations
On August 3, Judge Paul Oetken of the Southern District of New York issued a decision invalidating various portions of the Department of Labor’s rules implementing the federal Families First Coronavirus Response Act (FFCRA). The FFCRA is the federal law that provides emergency relief and support to employees who need to take leave from work for COVID-19 related reasons during the pandemic.
DOL Releases Additional COVID-19 Guidance Related to FFCRA, FMLA and FLSA | JD Supra
As we have previously reported, the United States Department of Labor (DOL) continues to update its COVID-19 guidance. Most recently, on July 20, 2020, the DOL issued additional Q and A guidance related to COVID-19 and the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA). These latest publications not only offer new guidance, but also update prior DOL guidance.
DOL Releases Additional COVID-19 Guidance Related to FFCRA, FMLA and FLSA
As we have previously reported, the United States Department of Labor (DOL) continues to update its COVID-19 guidance. Most recently, on July 20, 2020, the DOL issued additional Q and A guidance related to COVID-19 and the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA). These latest publications not only offer new guidance, but also update prior DOL guidance.
ARB Rules That Complaints about Theoretical Violations are not Protected Whistleblowing Activity under Dodd-Frank | JD Supra
On June 18, 2020, the U.S. Department of Labor Administrative Review Board (“ARB”) held that a complaint about a theoretical violation of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act of 2010 (“Dodd-Frank”) does not constitute protected activity under the whistleblower provisions of that statute. Bryan Horn v. University First Federal Credit Union, ARB Case No. 18-0033 (June 18, 2020).
ARB Rules That Complaints about Theoretical Violations are not Protected Whistleblowing Activity under Dodd-Frank
On June 18, 2020, the U.S. Department of Labor Administrative Review Board (“ARB”) held that a complaint about a theoretical violation of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act of 2010 (“Dodd-Frank”) does not constitute protected activity under the whistleblower provisions of that statute. Bryan Horn v. University First Federal Credit Union, ARB Case No. 18-0033 (June 18, 2020).
U.S. Department of Labor Releases New FMLA Forms and Requests Public Input on Existing Regulations
The U.S. Department of Labor (“DOL”) has released new and significantly revised versions of its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (“FMLA”).
OSHA Releases Additional FAQs Regarding Returning to the Workplace: What Employers Need to Know | JD Supra
The Occupational Safety and Health Administration (OSHA) published additional frequently asked questions regarding returning to the workplace during the COVID-19 pandemic on Thursday. We reported on OSHA’s earlier posted FAQs here. Though the FAQs do not impose any new legal requirements, employers should be aware of OSHA’s recommendations as workplaces around the country continue to reopen to workers, customers, and other visitors.
OSHA Releases Additional FAQs Regarding Returning to the Workplace: What Employers Need to Know
The Occupational Safety and Health Administration (OSHA) published additional frequently asked questions regarding returning to the workplace during the COVID-19 pandemic on Thursday. We reported on OSHA’s earlier posted FAQs here. Though the FAQs do not impose any new legal requirements, employers should be aware of OSHA’s recommendations as workplaces around the country continue to reopen to workers, customers, and other visitors.
OSHA Releases Guidance on Reopening Workplaces | JD Supra
On June 18, OSHA issued non-binding guidance to help employers safely reopen non-essential businesses and facilitate their employees’ return to work during the COVID-19 pandemic. The guidance focuses on employers implementing strategies for five main aspects of the workplace: basic hygiene, social distancing, identification and isolation of sick employees, workplace controls and flexibilities, and employee training.
OSHA Releases Guidance on Reopening Workplaces
On June 18, OSHA issued non-binding guidance to help employers safely reopen non-essential businesses and facilitate their employees’ return to work during the COVID-19 pandemic. The guidance focuses on employers implementing strategies for five main aspects of the workplace: basic hygiene, social distancing, identification and isolation of sick employees, workplace controls and flexibilities, and employee training.
Update: Despite Order Striking Down Portions of NLRB Rulemaking on Representation Election Procedures, NLRB Implements Rules Unaffected by Order | JD Supra
On Sunday, we reported on an eleventh-hour district court order striking down large portions of the NLRB’s new representation election rules that were set to go into effect on May 31, 2020. The district court order held certain portions of the rule were unlawful because they failed to follow proper notice-and-comment rulemaking as required for substantive rules. The order remanded the entire set of rules to the NLRB to reconsider in light of the order.
Update: Despite Order Striking Down Portions of NLRB Rulemaking on Representation Election Procedures, NLRB Implements Rules Unaffected by Order
On Sunday, we reported on an eleventh-hour district court order striking down large portions of the NLRB’s new representation election rules that were set to go into effect on May 31, 2020. The district court order held certain portions of the rule were unlawful because they failed to follow proper notice-and-comment rulemaking as required for substantive rules. The order remanded the entire set of rules to the NLRB to reconsider in light of the order.
Breaking: Federal Court Strikes Down New NLRB Rules on Representation Election Procedures; Implementation Delayed and Status of the Rules Uncertain | JD Supra
After an initial COVID-19 related delay, the sweeping new NLRB representation election rules that reversed the Obama-era “quickie” election process were about to go into effect on May 31, 2020. However, an eleventh-hour district court order struck down a significant portion of the rule as unlawfully implemented for failing to follow proper administrative procedure, casting doubt on when, if at all, the new rules will apply.
Breaking: Federal Court Strikes Down New NLRB Rules on Representation Election Procedures; Implementation Delayed and Status of the Rules Uncertain | Lexology
After an initial COVID-19 related delay, the sweeping new NLRB representation election rules that reversed the Obama-era “quickie” election process were about to go into effect on May 31, 2020. However, an eleventh-hour district court order struck down a significant portion of the rule as unlawfully implemented for failing to follow proper administrative procedure, casting doubt on when, if at all, the new rules will apply.
Breaking: Federal Court Strikes Down New NLRB Rules on Representation Election Procedures; Implementation Delayed and Status of the Rules Uncertain
After an initial COVID-19 related delay, the sweeping new NLRB representation election rules that reversed the Obama-era “quickie” election process were about to go into effect on May 31, 2020. However, an eleventh-hour district court order struck down a significant portion of the rule as unlawfully implemented for failing to follow proper administrative procedure, casting doubt on when, if at all, the new rules will apply.
Breaking: Federal Court Strikes Down New NLRB Rules on Representation Election Procedures; Implementation Delayed and Status of the Rules Uncertain
After an initial COVID-19 related delay, the sweeping new NLRB representation election rules that reversed the Obama-era “quickie” election process were about to go into effect on May 31, 2020. However, an eleventh-hour district court order struck down a significant portion of the rule as unlawfully implemented for failing to follow proper administrative procedure, casting doubt on when, if at all, the new rules will apply.
NLRB Regions Hold Information Sessions to Discuss Representation Case Changes | JD Supra
In December 2019, the NLRB announced its Final Rule governing representation case procedures. The Final Rule applies to petitions filed on or after May 31, 2020. With the effective date fast approaching, NLRB Regions nationwide are holding public information sessions to explain these changes. Recently, on May 21, 2020, Region 25 in Indianapolis hosted its representation case change information session via teleconference.
“Hard” Bargaining Proposals Placed Into Final Offer Evidence Bad Faith Bargaining, NLRB Concludes
On May 21, 2020, the NLRB issued a decision in Altura Communication Solutions, LLC. The case asked the Board to consider whether a series of broad proposals made by the employer during collective bargaining amounted to bad faith bargaining and 8(a)(1) and 8(a)(5) violations.
NLRB Regions Hold Information Sessions to Discuss Representation Case Changes
In December 2019, the NLRB announced its Final Rule governing representation case procedures. The Final Rule applies to petitions filed on or after May 31, 2020. With the effective date fast approaching, NLRB Regions nationwide are holding public information sessions to explain these changes. Recently, on May 21, 2020, Region 25 in Indianapolis hosted its representation case change information session via teleconference.
Pennsylvania Magistrate Judge Recommends Dismissal of SOX Whistleblower Claim for Lack of Protected Activity | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Federal Family First Coronavirus Response Act Signed Into Law | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Federal Family First Coronavirus Response Act Signed Into Law
On March 18, 2020, President Trump signed into the law the Family First Coronavirus Response Act (the “Family First Act” or the “Act”). The Family First Act is a package of provisions aimed at providing emergency relief and support during the Coronavirus pandemic.
New York State Legislature Considering Coronavirus Response Bill Including Paid Sick Time and Other Statutory Benefits
On March 17, 2020, New York Governor Andrew Cuomo announced a three-way agreement with Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart Cousins in response to the Coronavirus outbreak. As summarized below, the proposed bill would immediately provide employees with (in most cases) paid sick leave and job protection in the event they have to stay home due to a quarantine order.
Family First Coronavirus Response Act: What Employers Need to Know | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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