Banking & Finance Law Report

Mike Underwood

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Mike Underwood represents employers in all major areas of labor and employment law. His practice includes defending employers in discrimination and wrongful discharge litigation. Mike also represents employers in collective bargaining and arbitration cases. He advises on OSHA, COBRA compliance and affirmative action.

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COVID-19 and OSHA: Commonly asked questions

“The OSHA General Duty Clause requires all employers to provide a workplace free from known hazards. That includes known exposure to infectious diseases. So, OSHA does expect employers to take reasonable measures to protect workers from workplace exposure to COVID-19,” our colleague Mike Underwood explained expectations from the Occupational Safety and Health Administration (OSHA) during … Continue Reading

Covered affirmative action employers — more scary news from the OFCCP

On August 6, 2014, the Office of Federal Contract Compliance Programs (OFCCP) announced a proposed rule that should be of real concern to covered affirmative action federal contractors. The OFCCP is the agency that enforces federal affirmative action laws. If the proposed rule is adopted, it will add compensation data to the information that covered … Continue Reading

Major Changes to Affirmative Action Requirements Become Effective March 24, 2014

Financial institutions and other types of businesses that are covered by federal affirmative action obligations have some major changes for which to prepare. Financial institutions should be aware, both for themselves and their business clients, that the Office of Federal Contract Compliance Programs (OFCCP) has issued two new rules which take effect March 24, 2014. … Continue Reading

NLRB Posting Rule Postponed Indefinitely

Bankers and other employers should note that the National Labor Relations Board (NLRB) has postponed indefinitely the effective date for its employee rights posting requirement. The posting rule, which was to have taken effect April 30, 2012, required all employers to post in the workplace a notice advising employees of their rights to engage in union organizing. The … Continue Reading

Arguments Begin In Legal Challenges to NLRB Posting Rule

As we reported previously, the National Labor Relations Board ("NLRB") issued a rule in August requiring all employers to post workplace notices about employee rights to join a union. This effort by the NLRB to require posting about union organizing rights in all workplaces has caught the attention of the employer community more than any NLRB … Continue Reading

Building a Model for a Defensible Reduction-in-Force

The continuing struggle to improve the economy leaves many financial institutions of all sizes still looking for ways to improve  efficiency and profitability. Often the resulting business strategy includes cut backs in personnel.  But a reduction in the workforce that is not carefully planned and documented can result in costly and sometimes difficult to defend … Continue Reading

NLRB Issues Final Rule Requiring All Employers to Post Notice About Union Organizing Rights

On December 27, we wrote a blog post regarding the NLRB proposed rule-making to require all employers to post notices advising employees of their rights to engage in union organizing. After a period of public comment, during which about 7,000 responses were submitted to the NLRB, the NLRB has now issued its final rule requiring the … Continue Reading