On August 27, 2015, the National Labor Relations Board issued its highly anticipated decision in Browning-Ferris Industries of California. In the 3-2 decision, the Board majority modified the standard for determining whether...more
On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case. 362 NLRB No. 167 (8/17/2015). In a rare display of unanimity, the five members of...more
The Colorado Supreme Court ruled that an employee who uses medicinal marijuana at home during non-working hours can be discharged for failing a drug test. While application may be limited by its heavy reliance on Colorado...more
Michigan is poised to officially ban student-athletes at public colleges and universities from forming or joining a labor union. Gov. Rick Snyder is expected to sign the recently passed bill into law by the end of the year. ...more
The National Labor Relations Board has again issued its final rule revising union election procedures, which will greatly shorten the time between when the union files an election petition and when the election is held. This...more
An employee who has a registration identification card issued under the Michigan Medical Marihuana Act (MMMA) may collect unemployment benefits if he is fired for a positive marijuana test, the Michigan Court of Appeals...more
The State of Illinois cannot require Rehabilitation Program “personal assistants” (PAs) who decide not to join a union, to pay compulsory union dues, commonly known as “agency fees,” the U.S. Supreme Court ruled in Harris v....more
President Barack Obama’s National Labor Relations Board (NLRB) member appointments made under the Recess Appointment Clause on January 4, 2012 were unconstitutional, the U.S. Supreme Court ruled in NLRB v. Noel Canning,...more
Northwestern University scholarship football players are employees of the university for the purposes of the National Labor Relations Act (NLRA), NLRB Chicago Regional Director Peter Sung Ohr held on Wednesday.
The 2012 law that changed Michigan public school employee pension requirements has been upheld by the Michigan Court of Appeals.
The new requirements enacted in PA 300 of 2012 will remain in effect for the foreseeable...more
The National Labor Relations Board has moved quickly to reissue proposed representative election rules identical to the rules the board proposed in 2011.
Last month, the NLRB rescinded the original proposal, which had...more
Notice Posting Requirement Fight Abandoned: On January 6, 2014, the NLRB announced it will not seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the Board’s Notice Posting Rule.
A person must meet all three statutorily defined criteria for an independent contractor in order to avoid the exclusive remedy provision of the Michigan Worker’s Disability Compensation Act (WDCA), a special panel of the...more
On March 27, 2013, the “right-to-work” bills, SB 116, now known as Public Act 348 of 2012 and HB 4003, now known as Public Act 349 of 2012, became effective. Also called Michigan’s “Freedom-To-Work” laws, the statutes make it...more
The National Labor Relations Board (NLRB) requirement that private employers post a notice informing employees of their rights under the National Labor Relations Act (NLRA) has been invalidated by the District of Columbia...more