Labor/Employment
Apr. 13, 2021
Dangerous tension: Hazard pay and the National Labor Relations Act
For once-in-a-hundred-year events such as the pandemic — with uncertainty over the solution to the crisis and even its duration — the act’s scheme leaves little option for adoption of hazard pay without full agreement of the employer.





Mark Theodore
Partner
Proskauer Rose LLP
Mark has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S. He is co-chair of Proskauer's Labor-Management and Collective Bargaining Practice Group.
In union represented workforces, the pandemic created a number of legal challenges. Businesses forced to reduce work hours had to address whether guarantees of hours contained in the collective bargaining agreement had to be honored under the circumstances. In the businesses that continued to run, the concept of "hazard pay" -- a premium paid for work that is dangerous -- received new attention during the COVID-19 pandemic. The shutdowns created an instant class of es...
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