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Corporate Communicator - 2017 Annual Meeting Season

Dear clients and friends, We present our traditional year-end issue of Snell & Wilmer’s Corporate Communicator to help you prepare for the upcoming annual report and proxy season. This issue highlights SEC reporting and...more

Under Construction - December 2016

Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...more

2016: What’s on the Horizon for Salary Thresholds Under the FLSA, Employee Handbooks and the NLRB

There are several changes and new trends appearing this year in various areas of labor and employment law. This month’s Workplace Word highlights several of these changes and discusses what employers should expect this year....more

Open Door Policies

The Court of Appeals for the D.C. Circuit recently denied enforcement of an order from the National Labor Relations Board (NLRB). The NLRB believed that the open door policy below prohibited employee complaints or discussions...more

Under Construction - September 2015

Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint...more

Joint Employers Under Labor Law

On August 27, 2015, the National Labor Relations Board (Board) changed the standard that has existed for many years for determining whether two or more entities are “joint employers” of the same employees....more

8/31/2015  /  Control Test , Joint Employers , NLRB , NRLA

NLRB Expected to Issue Decision on “Joint Employers”

The National Labor Relations Board is expected to issue a decision in the very near future (Browning-Ferris Industries 32 RC 109684) that will dramatically change the standard for finding that two or more entities...more

Employers’ Initial Obligations Upon the Filing of Election Petitions Under the New NLRB Rules

The new NLRB expedited union election rules, scheduled to go into effect on April 14, 2015, drastically restructure NLRB representation proceedings and impose very significant new obligations on employers. The rule changes...more

NLRB Jurisdictional Ruling Clears Path for Unionization of Religious Schools

A National Labor Relations Board (“NLRB”) Regional Director recently issued a ruling that could clear the way for more unionization of faculty members at private, religious schools. The Regional Director for NLRB Region 19...more

Employees Must Be Permitted to Use Their Employer Email Systems for Nonwork Purposes — Right to Wear Union Insignia Is Expanded

Reversing well established precedent, on December 11, 2014, the National Labor Relations Board (NLRB or the Board) held that employees that have been given access to their employers’ email systems, must be permitted to use...more

Joint Employers in the Building and Construction Industry

On October 21, 2014, National Labor Relations Board (NLRB or Board) Associate General Counsel, Barry J. Kearny, discussed the litigation, currently before the Board, on the joint employer issue. Kearny predicted that the...more

Joint Employers Under NLRB Law

A. Introduction - Over the last few weeks, there has been a great deal of discussion in the legal media regarding the National Labor Relations Board (NLRB or Board) General Counsel’s (GC) argument to the Board, that...more

General Counsel of the NLRB Opens the Door for Franchisors to be Liable for the Actions of their Franchisees

In a directive that has rocked the franchise world, the National Labor Relations Board (NLRB or the Board) Office of the General Counsel determined that McDonald’s USA, LLC, as the franchisor, could potentially be held liable...more

Supreme Court Decision Impacts Presidential Appointments

On June 26, the Supreme Court decided National Labor Relations Board v. Noel Canning, et al. This decision will have long-term significance on the ability of federal administrative/regulatory agencies (often referred to as...more

Employers’ Right to Restrict Non-Employees’ Access to Their Property

Can Non-Employees Be Denied Access to Employers’ Property? Employers often raise questions on whether labor law requires them to allow non-employees to solicit, hand-bill, demonstrate, etc. on the employers’ property....more

Commercial Developers and Unions’ “Political Pull”

Threat to File a Formal Proceeding Seeking State Action - Commercial developer (Developer) is developing a shopping center in X Township (Township). Developer is considering non-union general contractor (Non-U) to...more

Right to Work and “Fair Share”

As a general proposition, employees in “right to work” states may not be required to become union members, maintain union membership or pay union fees in order to obtain or retain employment. In “union security” states, on...more

Undocumented Workers and The National Labor Relations Act

Undocumented Workers Are Employees - It is well established that undocumented workers are “employees”, as that term is defined in the National Labor Relations Act, 29 U.S.C.151, et. seq. (the Act). In essence, the Act...more

Staffing Agencies and the National Labor Relations Act

The American Staffing Association (ASA) recently reported that the trend to hire temporary and contract employees through staffing agencies continues to grow. In 2013 staffing companies employed three million workers per day...more

3/13/2014  /  NLRA , NLRB , Staffing Agencies

Global Connection - November 2013: Secondary Boycott and International Trade

The Dispute - The International Longshore and Warehouse Union (“ILWU”) had a long established collective bargaining relationship with grain exporter Marubeni-Columbia Grain, Inc. (“CGI”), which covered CGI’s employees...more

Global Connection - November 2013

In today’s global marketplace, companies need to be informed about foreign laws and practices that impact, or may potentially impact, their businesses in the various regions they serve. This edition of Global Connection...more

Policies on Personal Use of Company-Issued Electronic Communication Devices

Many employers permit their employees to access personal accounts from company-issued electronic communications devices. They also permit employees to use their personal devices for work. Those rules are both convenient for...more

The Employer’s Duty to Provide Financial Information to the Union – Diluting the Nielsen Principle

A. Established Legal Principles - It has long been established that, while an employer is obligated to disclose financial information requested by its employees’ collective bargaining agent that is relevant and...more

Labor Law - The Basics 2013

TABLE OF CONTENTS: I. The NLRA and the NLRB II. NLRB Regional Offices III. Unions and Elections IV. Appropriate Units – Community of Interest A. Statutory Exclusion 1. Agricultural Employees 2....more

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