If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound. The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more
3/2/2020
/ Collective Bargaining ,
Confidentiality Policies ,
Corporate Counsel ,
Email Policies ,
Employer Rights ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Internal Investigations ,
Joint Employers ,
Labor Regulations ,
Labor Relations ,
Misclassification ,
New Rules ,
NLRA ,
NLRB ,
Popular ,
Purple Communications ,
Rulemaking Process ,
Union Elections ,
Union Organizers ,
Wage and Hour ,
Waivers
The flurry of activity from National Labor Relations Board in late 2019 was a fairly consistent drum beat of good news for employers. In many cases, the Board restored decades of precedent that had been upended by the Board...more
1/6/2020
/ Banner Health System ,
Boeing ,
Confidentiality Policies ,
Employment Policies ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Policies and Procedures ,
Regulatory Requirements ,
Rulemaking Process ,
Section 7 ,
Unions ,
Workplace Investigations
If you follow our blog, you know that the National Labor Relations Board’s election rules have been a hot topic over the past several years. The Board’s election rules are critical, because time can often make a difference...more
A lot of times, determining whether a worker is an independent contractor or an employee is tough. Different laws have different standards, and government agencies and the courts often apply different tests in addressing...more
On August 9, 2019, the National Labor Relations Board announced a Notice of Proposed Rulemaking. The Notice, which was issued on August 12, 2019, covers three proposed rules. A majority of the Board is proposing to change...more
8/13/2019
/ Blocking Statutes ,
Construction Industry ,
Labor Law Violations ,
Labor Relations ,
NLRB ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Representatives ,
Unions
Although in many respects it was a slow year for the National Labor Relations Board, it was a year of progress in the eyes of many employers. The Board operated at full strength for the entire year, with Republican John Ring...more
2/28/2019
/ Arbitration ,
Arbitration Agreements ,
Constitutional Challenges ,
Corporate Counsel ,
Duty of Fair Representation ,
Email Policies ,
Employee Handbooks ,
Joint Employers ,
NLRA ,
NLRB ,
Quickie Election Rules ,
SCOTUS
Have you ever felt that reading the decisions of the National Labor Relations Board is a lot like watching a tennis match? The decisions on key workplace issues go back and forth, back and forth, and you are just stuck...more
The Third Circuit Court of Appeals, the appeals court that has jurisdiction over federal cases in Pennsylvania, New Jersey, Delaware and the U. S. Virgin Islands, recently held that a public employer violates the First...more
9/24/2018
/ Adverse Employment Action ,
Affiliates ,
Appeals ,
Employer Liability Issues ,
Employment Litigation ,
First Amendment ,
Free Speech ,
Freedom of Association ,
Job Promotions ,
Protected Concerted Activity ,
Public Employees ,
Public Employers ,
Unions
Yesterday, the Supreme Court issued its long-awaited opinion in Janus v. AFCSME , holding that requiring public sector employees to pay fair share fees to unions violates the First Amendment. ...more
6/28/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
Stare Decisis ,
Union Dues
The Supreme Court of the United States held today that arbitration agreements, which waive the right to proceed as part of a class or collective action, are enforceable in the employment context. ...more
5/22/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
It appears that a number of labor unions are planning for the potential negative impact of a big decision regarding fair share fees. We have heard from several public sector clients who have been contacted directly, or who...more
For employers, 2017 brought some long awaited relief and hope that return to normalcy in labor law is on the way. Admittedly, the wait for employers turned out to be a little longer than expected. The National Labor Relations...more
2/2/2018
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Department of Labor (DOL) ,
Joint Employers ,
Micro-Unions ,
NLRB ,
OSHA ,
Persuader Rules ,
Quickie Election Rules ,
Sick Leave ,
Unions ,
Wage and Hour
That sound you just heard was employers everywhere breathing a sigh of relief, and maybe even high-fiving. That’s because the newly constituted National Labor Relations Board fired off several pro-employer decisions in the...more
12/19/2017
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Deregulation ,
DuPont ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Oversight ,
Regulatory Reform ,
Specialty Healthcare ,
Staffing Agencies ,
Unions
Well, if you are an organization that has employees, you do! Although they may be a bit unappealing and often overlooked, worksite notices are required under both federal and state law. In fact, many municipalities and cities...more
In a closely watched case for employers, the Third Circuit Court of Appeals, which has jurisdiction in Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands, recently held that retiree healthcare benefits provided in...more
Back in 2015, Pittsburgh enacted a paid sick leave ordinance, following a trend among cities throughout the country. Pittsburgh’s paid sick leave ordinance required employers with fifteen employees or more to provide up to...more
Introduction -
In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more
2/21/2017
/ Administrative Law Judge (ALJ) ,
Appeals ,
Arbitration ,
Charter Schools ,
Corporate Counsel ,
Department of Labor (DOL) ,
Email ,
Employer Liability Issues ,
Joint Employers ,
NLRB ,
Non-Compete Agreements ,
Persuader Rules ,
Popular ,
Right to Strike ,
Trump Administration ,
Unions ,
Young Lawyers
Employers in the food and beverage industry face countless and ever increasing regulatory challenges, including food safety and handling, labeling, distribution requirements, and on and on. Regulatory compliance often has an...more
In yet another reversal of precedent, the National Labor Relations Board has ruled that students who perform work for a university for which they are compensated can form and join labor unions under the National Labor...more
9/1/2016
/ Brown University ,
Collective Bargaining ,
Colleges ,
Columbia University ,
Educational Institutions ,
Graduate Students ,
NLRA ,
NLRB ,
Student Employees ,
Teaching Assistants ,
Tuition ,
Unions ,
Universities
Recently you’ve noticed that an employee takes FMLA-covered leave the same week every year or always seems to have a medical emergency between Thanksgiving and January 1. Similarly, another employee regularly calls out of...more
An appeals court recently reinstated the four game suspension issued to Tom Brady by the National Football League. The Patriots quarterback previously had his four game suspension reversed by the United States District Court...more
On April 27, 2016, the United States House of Representatives voted 410-2 to approve the proposed Defend Trade Secrets Act (DTSA). The vote follows the Senate’s unanimous approval of the bill. President Obama has stated that...more
To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the...more
2/4/2016
/ Arbitration Agreements ,
College Athletes ,
Corporate Counsel ,
Fair Share Law ,
Internal Investigations ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Northwestern University ,
Protected Concerted Activity ,
Quickie Election Rules ,
SCOTUS ,
Unions ,
Young Lawyers
We have talked with you in the past about the risks of allowing employees to pool or share tips. This is a pretty common practice in the food service industry, but there can be concerns because of the complexity of compliance...more
This week would have marked the return of Tom Brady, had his four game suspension not been reversed by the United States District Court for the Southern District of New York. Much ink has been spilled over Brady’s suspension...more
10/7/2015
/ Deflategate ,
Disciplinary Proceedings ,
Due Process ,
Enforcement Actions ,
Football ,
Internal Investigations ,
New England Patriots ,
NFL ,
Sports ,
Tom Brady ,
Unions ,
Willful Misconduct