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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Introduction -
If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more
1/22/2015
/ Ambush Election Rules ,
Arbitration ,
Arbitration Agreements ,
Canning v NLRB ,
College Athletes ,
Corporate Counsel ,
D.R. Horton v NLRB ,
Email ,
Employee Definition ,
Employer Liability Issues ,
Employer Mandates ,
Facebook ,
Franchises ,
Joint Employers ,
Macy's ,
McDonalds ,
NLRA ,
NLRB ,
Northwestern University ,
Protected Concerted Activity ,
Purple Communications ,
Recess Appointments ,
Social Media ,
Social Media Policy ,
Unions
Yeah, I know, crazy right? Here is the story. Apparently the Union did not think so. When the American Federation of State, County and Municipal Employees ("Union") and the City of Philadelphia ("City") could not reach terms...more
The United States Supreme Court has been issuing employment-law related decisions like a boss over the past week or so. Many observers thought that the Court's decision in Harris v. Quinn, a case examining the...more