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Not So Common Employment Questions

1.  I have a unionized workforce. Do I need to bargain before mandating that my employees are Covid vaccinated before reporting to work?

With the CDC largely ending mask requirements for those who are Covid vaccinated, many employers will look anew at whether they will require vaccinations for their employees to participate in the workplace. While this whole topic raises a myriad of questions related to vaccine certificates, maintenance of medical records, and exceptions that might apply to employees because of religious or health accommodations, an entirely separate question comes up as to whether employers may mandate their union workforce to be vaccinated in order to work.
Continue Reading Funny You Should Ask: Is a vaccine mandate a subject of bargaining?

In a 2-1 decision in Sodexo America LLC, the National Labor Relations Board (NLRB) held recently that the University of Southern California hospital violated Section 8(a)(1) of the National Labor Relations Act by maintaining and enforcing a rule that limited off-duty employee access to the workplace, except for specific purposes.

The policy at issue provided that:

  1. Off-duty employees are not allowed to enter or re-enter the interior of the hospital or any other work area outside the hospital except to visit a patient, receive medical treatment or to conduct hospital-related business.
  2. An off-duty employee is defined as an employee who has completed his/her assigned shift.
  3. Hospital-related business is defined as the pursuit of the employee’s normal duties or duties as specifically directed by management.
  4. Any employee who violates this policy will be subject to disciplinary action.

Continue Reading NLRB Rejects Hospital Access Rules