David Burton

David Burton

Williams Mullen

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Latest Publications


New NLRB Election Rules Drastically Change the Playing Field

On April 15, 2015, the National Labor Relations Board’s “ambush election” rules became effective, and going forward any representation petitions filed by unions will be subject to the new rules, which drastically expedite the...more

5/13/2015 - Ambush Election Rules NLRB Popular Unions

Supreme Court Decision Forces Many Employers to Extend Light Duty Work to Pregnant Employees

In recent years, employment attorneys and HR professionals have been anxiously discussing a series of lawsuits addressing when employers must afford light duty work to pregnant employees. In the past, courts generally held...more

3/27/2015 - Essential Functions PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

In Key Reversal, Board Grants Email Rights to Employees

In a reversal of its Bush-era decision, a divided National Labor Relations Board has ruled that employees generally have a right to use their employer’s email systems for union organizing and other protected purposes....more

12/15/2014 - AFL-CIO Email NLRB Protected Concerted Activity Purple Communications Unions

No Recess: Supreme Court Decision Invalidates Three 2012 NLRB Appointments and Narrows President’s Recess Appointment Powers

On June 26, 2014, the United States Supreme Court ruled that President Obama’s purported “recess” appointments of three National Labor Relations Board members was an invalid exercise of executive power. The decision has...more

6/30/2014 - Administrative Appointments Barack Obama Canning v NLRB NLRB Political Appointments Recess Appointments SCOTUS

In Rebuff to Labor Board, Fifth Circuit Sustains Arbitration Agreements with Class Action Waivers

In recent years, employers have faced increased, and increasingly expensive, class action litigation from current and former employees. In response, many employers have turned to arbitration agreements with class-action...more

12/6/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions D.R. Horton D.R. Horton v NLRB Federal Arbitration Act NLRA NLRB

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