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The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

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

NLRB Brings Some Clarity, Consistency and Sanity to Confidential Investigations

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

NLRB Issues Rule Repealing Key Components of Quickie Election Rules

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

Misclassifying Workers as Independent Contractors Does Not Violate NLRA

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

National Labor Relations Board Issues New Proposed Rules

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

The National Labor Relations Board 2018 Year In Review – An Overview of Major Developments in Labor Law

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

NLRB Reinstates Test for Examining Whether Employee Activity is “Concerted” Under NLRA

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

Court Holds Union Membership ‘Worthy of Constitutional Protection’

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

Supreme Court Rules Fair Share Fees are Unconstitutional

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

Supreme Court Reverses NLRB, Rules Individual Arbitration Agreements Enforceable

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

Some Unions Planning for Impact of Big Decision on Fair Share Fees

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

The National Labor Relations Board 2017 Year In Review – An Overview of Major Developments in Labor Law

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

Ahhhhhh – NLRB Rips Off Series of Pro-Employer Decisions

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

Worksite Notices, Who Needs ‘Em?

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

Employers Permitted to Modify Retiree Benefits Following Expiration of CBA

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

A Tale of Two Cities: The Demise of Pittsburgh’s Paid Sick Leave Ordinance and the Durability of Philadelphia’s

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

The National Labor Relations Board 2016 Year in Review – Whitepaper

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

Three Workplace Trends that will Impact your Bottom Line in 2017

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

NLRB Raises Price of College Tuition

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

To Enforce a Call-off Policy or Not to Enforce a Call-off Policy; that is the Question

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

Deflategate Update

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

The Defend Trade Secrets Act: Coming To A Federal Court Near You; The Federalizing Of Trade Secret And Post-Employment Conduct...

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

The National Labor Relations Board 2015 Year in Review - An Overview of Major Developments in Labor Law

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

UPDATE: Employee Tip Pooling – Don’t Say We Didn’t Warn You!

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

Deflategate: Four Games and Four Lessons for Unionized Employers

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

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