September 29, 2022

Labor and Employment Newsletter

3 min

We Want to Hear from You

What legal issues are keeping you up at night?

We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.


NLRB Rules That Workplace Policies Restricting Wearing of Union Insignia Are Unlawful Absent "Special Circumstances"

In a recent 3-2 decision titled Tesla, Inc., the National Labor Relations Board (NLRB) ruled that workplace policies restricting the wearing of union insignia or apparel are presumptively unlawful, even if those policies are neutral on their face—absent "special circumstances." In so doing, the NLRB expressly overruled its prior decision in Wal-Mart Stores, Inc., which held that the so-called special circumstances test applied only when an employer completely prohibited any display of union insignia and permitted employers to impose certain size and appearance restrictions on union insignia based on less compelling employer interests.

Form I-9 Flexibility Set to End in October: What This Means for Employers

Many employers have adopted flexible working policies as a result of the COVID-19 pandemic, allowing their employees to work remotely on a part-time or even full-time basis. As an employer with flexible working policies, you may have been taking advantage of the Department of Homeland Security’s (DHS) temporary deferral of the requirement that you physically inspect your employees’ identity and employment authorization documents in person at the start of employment, as part of the process for completing the Form I-9, Employment Eligibility Verification. If you have been remotely inspecting your employees’ documents, be aware that this practice will no longer be permitted after October 31, 2022.

Education Roundup: New York's Healthcare Worker Bonus Program: What Independent Schools Need to Know

In early August, the New York State Department of Health announced the New York Healthcare Worker Bonus (HWB) program. The HWB program aims to award New York's frontline healthcare workers with $1.2 billion in bonuses. While the statute largely contemplates bonuses for employees of healthcare providers that bill for services under the state plan or via a managed care provider, independent schools are also expressly included in the definition of "qualified employer."

Attorney Spotlight

Imani Menard: I decided to practice labor and employment law because I wanted to join a practice that offered continuous client interaction while also exposing me to a wide array of legal issues. I can say that I have experienced just that since joining the practice. The extensive client interaction that labor and employment offers has allowed me to form meaningful relationships with clients and colleagues within the field. Moreover, it is always rewarding to help clients find cost-efficient solutions to avoid litigation. The varying aspects of labor and employment law allow me to learn something new every day and develop as an attorney. I am so happy that I joined this practice, and I hope to continue helping clients navigate their legal issues.

About the Labor and Employment Group

The bicoastal, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.