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NLRB actions: disciplining employees for protected activity, student-athletes, and non-compete agreements

Disciplining

In Lion Elastomers LLC II, the National Labor Relations Board (NLRB) has overturned a Trump Administration-era ruling and made it more difficult to discipline employees for protected activity. The ruling returns to the context-specific framework that "conduct during protected concerted activity must be evaluated in the context of that important activity - not as if it occurred in the ordinary workplace context." The ruling applies retroactively to all "abusive conduct" cases currently pending.


Student-Athletes

In a long-anticipated move, the NLRB's Regional Director in Los Angeles has issued a formal complaint alleging that the football and men's and women's basketball players at the University of Southern California (USC) are employees of the school, the Pac-12 conference, and the NCAA, under the National Labor Relations Act (NLRA). A hearing with an ALJ is scheduled for November 7. The implications of this case are significant for both private and public colleges and universities.


Non-Competes

A memo released on May 30 by NLRB general counsel Jennifer Abruzzo indicates that proffering, maintaining, and enforcing noncompete provisions in employment contracts and severance agreements violates the NLRA except in limited circumstances.



CMS update



CDC updates recommendations on building ventilation

Occupied buildings should undergo at least five clean air changes an hour, according to updated ventilation guidance from the Centers for Disease Control and Prevention (CDC). Another updated recommendation is installing air filters with a minimum efficiency reporting value of 13 or higher. The revised guidance also addresses post-occupancy flushing of building air, details cost considerations for ventilation strategies, and updates the FAQs.



JAMA study identifies 12 common symptoms of long COVID

Findings of a large-scale study published in the Journal of the American Medical Association have narrowed down to 12 the most common symptoms of long COVID. The 12 symptoms included post-exertional malaise, fatigue, brain fog, dizziness, gastrointestinal symptoms, heart palpitations, issues with sexual desire or capacity, loss of smell or taste, thirst, chronic cough, chest pain, and abnormal movements.



Employers have until August 30 to comply with Form I-9 employment eligibility verification physical document examination requirements

Although the COVID-19 flexibilities for Form I-9 review requirements sunset on July 31, Immigration and Customs Enforcement (ICE) has announced that employers have 30 additional days in which they can review I-9s in person for remote staff whose documents were examined remotely. Employers usually have just three business days. Employers should plan for the Aug. 30 compliance deadline.



New white paper promotes benefits of robotic technologies

A new National Safety Council (NSC) white paper, Improving Workplace Safety with Robotics, guides employers in assessing risks, identifying technology solutions, and preparing jobsites for implementation of robotic technologies. It assesses the benefits and applications of the five most common robot configurations, provides examples, and discusses common barriers to adoption.



DOT approves oral fluid drug testing as an alternative to urine testing

On May 2, 2023, the U.S. Department of Transportation (DOT) published a final rule amending its regulated industry drug testing program to allow for oral fluid testing. Although the rule became effective June 1, employers will have to wait to implement oral fluid testing until the Department of Health and Human Services (HHS) certifies two laboratories capable of processing the tests. Currently, the HHS has yet to certify any laboratories.



WCRI study shows significant variance in medical services pricing among states

The Workers Compensation Research Institute (WCRI) recently released the updated version of its ongoing study, WCRI Medical Price Index for Workers' Compensation, which examines professional services billed by physicians, physical therapists, and chiropractors treating injured workers. States that don't have workers compensation medical fee schedules for professional services tend to have much higher prices compared with states that have fee schedules. Pricing ranged from 31 percent below the median in Florida to 163 percent above the median in Wisconsin.



New app aims to boost shift workers' sleep and well-being

Developed by researchers at Monash University's Turner Institute for Brain and Mental Health (Australia), the SleepSync app allows users to input work and social schedules, as well as data on sleep/wake time cycles and mood, to create personalized, biological recommendations for sleep timing.



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