Amy Drushal

Independent contractors are excluded from the National Labor Relations Act’s (“NLRA”) protections, which include the right of covered employees to form and join labor unions and engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.  On June 13, 2023, the National Labor…

On May 11, 2023, Florida Governor Ron DeSantis signed SB 252 (2023), “n act relating to protection from discrimination based on health care choices.” SB 252 went into effect on June 1, 2023, and codifies COVID-19 related restrictions imposed on Florida employers similar to those enacted in 2021, which expired…

Employers conducting background checks on their applicants or employees must comply with the Fair Credit Reporting Act ("FCRA"). The FCRA requires, among other things, that employers provide applicants or employees with certain disclosures and obtain authorization prior to obtaining background checks on them; provide additional disclosures prior to taking any…

On December 22, 2022, Congress passed an omnibus spending bill that expands rights for pregnant and nursing workers: the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”).  This bill was signed into law by President Biden on December 29, 2022.  The…

In keeping with its recent trend towards a more employee-friendly stance, the NLRB recently issued McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023), a decision in which it held that broad confidentiality and non-disparagement provisions in employee separation agreements are unlawful under the NLRA.  Soon thereafter, the NLRB's general…

Employers are often surprised to learn about the scope of the National Labor Relations Act ("NLRA"), because much of the NLRA applies to union organization and collective bargaining.  Section 7 of the NLRA applies to nearly every non-supervisory employee in the U.S., both union and non-union, however, and it protects…

COVID-19 forced many employers to handle their hiring processes remotely. During the pandemic, the Department of Homeland Security ("DHS") relaxed some of its otherwise-strict requirements regarding the I-9 Form. Whereas employers (or their authorized representatives) were previously required to inspect employees' identity and work authorization documents in person before filling…