Way back in 2018, we wrote about the Supreme Court of the United States’ decision in Janus, which held that compelling public sector employees to pay “fair share fees” to unions violates the First Amendment. As a refresher, a...more
3/13/2024
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Fair Share Contribution ,
First Amendment ,
Free Speech ,
Janus v AFSCME ,
Opt-Outs ,
Revocation ,
SCOTUS ,
Union Dues ,
Written Notice
Introduction - 2023 may prove to be a landmark year for U.S. labor law. There were several significant changes in the law that left employers reeling. The breadth and depth of these changes were staggering even for seasoned...more
2/21/2024
/ Federal Trade Commission (FTC) ,
Final Rules ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Severance Agreements ,
State Labor Laws ,
Trade Secrets ,
Unfair Labor Practices ,
Unions
On June 1, 2023, the United States Supreme Court held that a company could sue a union over intentional damage caused during a labor dispute. In Glacier Northwest v. International Brotherhood of Teamsters Loc. Union No. 174,...more
6/14/2023
/ Civil Liability ,
Glacier Northwest v International Brotherhood of Teamsters ,
NLRA ,
NLRB ,
Preemption ,
Private Property ,
Property Damage ,
SCOTUS ,
State Law Claims ,
Strike ,
Teamsters ,
Unions
We have posted about employer use of Artificial Intelligence, AI, and the emerging legal issues associated with such tools, and no doubt, AI is going to continue to be a hot topic. The growth of AI tools and their usage...more
2022 was a great year for U.S. labor unions and employees, but not so much for U.S. employers. The Biden National Labor Relations Board (NLRB) dug in and got to work, reversing precedent and charting a course to reinterpret...more
We previously posted about employer use of Artificial Intelligence, AI, and the emerging legal issues associated with such tools. Recently, the National Labor Relations Board General Counsel issued GC Memorandum 23-02, which...more
A recent press release by the U.S. Equal Employment Opportunity Commission (EEOC) demonstrates that Equal Pay Act claims are becoming increasingly common. The EEOC in Baltimore, MD announced that an auto dealership agreed to...more
As the negative economic outlook continues to fill our news and social media feeds, many organizations are pondering what an economic shift may mean for their business. Others have moved on to the next stage of grief,...more
Our blog post on Nanny Cams in the workplace turned out to be one of our most popular posts (makes us wonder what people are putting in the search bar?). So, we thought we would follow up with some more information for...more
Employers are facing an economic paradox. On one hand, employers are fighting incessant labor shortages. This has triggered a war for talent, which employers have waged against each other by offering ever-increasing and...more
Whether two entities are “joint employers” is an important question under the National Labor Relations Act. Consider Company A, which contracts with Company B, a staffing company, to provide maintenance or other services at...more
We recently wrote about the Equal Employment Opportunity Commission’s Guidance on the use of Artificial Intelligence in the hiring process. AI is exploding. It is being put to use in many different industries and toward...more
In an important decision for employers and unions alike, the Third Circuit Court of Appeals, the federal appeals court with jurisdiction over Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, held that a union...more
At our 31st Annual Labor and Employment Law Seminar, there was a panel discussion regarding the War for Talent. As part of that presentation, we reviewed some of the new and creative application processes that employers are...more
INTRODUCTION -
2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more
1/31/2022
/ Boeing ,
Corporate Counsel ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Popular ,
Protected Activity ,
Section 7 ,
Unions
On June 21, 2021, the United States Supreme Court issued its opinion on the hotly contested issue of compensation allowed to Division I student-athletes for their athletic participation. In NCAA v. Alston, the Supreme Court...more
On May 5, 2021, New York Governor Andrew Cuomo signed A2681B/S1034—the Health and Essential Rights Act (“HERO Act” or “Act”), which requires employers to enact an airborne infectious disease exposure prevention standard for...more
In the recent decision of Commonwealth v. Mason, the Pennsylvania Supreme Court held that a nanny did not have a reasonable expectation of privacy while working inside the home of her employer. Thus, the employer’s decision...more
4/7/2021
/ Audio Recording ,
Domestic Workers ,
Electronic Monitoring ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
PA Supreme Court ,
Reasonable Expectation of Privacy ,
Surveillance ,
Video Recordings ,
Wiretap Act ,
Workplace Privacy
The United States House of Representatives has passed the PRO Act, which now moves to the Senate for consideration. If passed, the PRO Act would probably be the most radical, and union friendly, change to U.S. labor law...more
INTRODUCTION -
In our last Review, we reported that the National Labor Relations Board had a very busy year. Despite the challenges of the COVID-19 pandemic, 2020 was also a fairly busy year for the Board. In its final...more
The National Labor Relations Board has restored a prior standard, one that had stood for about 80 years before being overturned in 2016, which governs an employer’s duty to bargain over employee discipline during the time...more
The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has...more
7/23/2020
/ Disciplinary Proceedings ,
Employee Misconduct ,
Employer Liability Issues ,
General Motors ,
Labor Law Violations ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Strike ,
Unfair Labor Practices
As of 8:00 p.m. Thursday evening, March 19, 2020, all “non-life-sustaining” businesses throughout Pennsylvania must close its physical locations in response to the COVID-19 coronavirus outbreak, according to a new order...more
Yesterday, President Trump signed into law historic legislation that will have a significant impact on a many employers nation-wide. The legislation, called the Families First Coronavirus Response Act, has many provisions....more
On February 26, 2020, the National Labor Relations Board issued a final rule governing joint-employer status under the National Labor Relations Act. ...more
3/5/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unions ,
Wage and Hour