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Janus Holding Does Not Relieve Public Sector Employees of Contractual Obligations to Pay Dues

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

The National Labor Relations Board 2023 Year In Review – An Overview of Major Developments in Labor Law

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

The Supreme Court Sides with Employers on the Right to Sue 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

Chat GPT and OpenAI – What is it and will it impact Human Resources?

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

The National Labor Relations Board 2022 Year In Review

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

NLRB General Counsel Enters the Discussion on AI in the Workplace

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

How to Get Ahead of Equal Pay Act Claims

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

Thinking about a Reorganization or Rightsizing? Here are Five Key Questions for your Organization to Consider Now

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

More on Workplace Surveillance

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 Must Think 3 Moves Ahead In Their Bid For Talent

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

NLRB Issues Proposed Rule for Determining Joint-Employer Status

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

NYC Passes Ordinance Restricting Use of AI in Employment Applicant Screening

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

Appeals Court Finds Union Can Be Liable Under RICO Statute

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

8/23/2022  /  Appeals , Corporate Counsel , RICO , Unions

EEOC Issues Guidance on Using Artificial Intelligence in the Hiring Process

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

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

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

Pay For College Play Not Coming to a School Near You

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

New York Strikes First On COVID Influenced Legislation

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

Nanny Cams & Workplace Privacy: PA Supreme Court Provides Clarity on Domestic Employees’ Expectation of Privacy

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

Why the Protecting the Right to Organize Act (PRO Act) Keeps us Awake at Night

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

The National Labor Relations Board 2020 Year In Review – An Overview of Major Developments in Labor Law

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

NLRB Restores Decades Old Case Law Related to Employee Discipline Prior to Negotiation of a First Contract

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

NLRB Adopts Single Rule to Evaluate Employee Misconduct

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

Gov. Wolf Orders All ‘Non-Life-Sustaining’ Pa. Businesses to Close Physical Locations to Address COVID-19 Outbreak

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

President Trump Signs Families First Coronavirus Response Act to provide Paid FMLA Leave and Paid Sick Leave in Response to...

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

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