Gerard Morales

Gerard Morales

Snell & Wilmer

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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

12/11/2014 - Electronic Communications Email Employee Rights NLRB Off-The-Clock Protected Activity Purple Communications Union Membership Unions

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

12/6/2014 - Browning-Ferris Industries of California Inc. Construction Industry Joint Employers NLRB Unfair Labor Practices

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

9/29/2014 - CNN Employee Rights Franchises Franchisors Joint Employers McDonalds NLRA NLRB

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

7/31/2014 - Employer Liability Issues FLSA FMLA Franchises Joint Employers McDonalds NLRB Popular

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

6/28/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

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

6/12/2014 - NLRA NLRB Private Property Right to Picket Trespass Unions

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

5/12/2014 - Construction Disputes Contractors Employee Rights Land Developers NLRB Project Labor Agreements Unions

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

4/30/2014 - Hiring & Firing Right to Work Union Membership Union Security Clauses

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

3/21/2014 - Immigrants NLRA NLRB Undocumented Immigrants

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

11/27/2013 - Collective Bargaining Injunctions NLRA NLRB Secondary Boycott Unions

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

11/26/2013 - Anti-Corruption Franchise Agreements Franchises Franchisors International Trade Agreements Subsidiaries

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

10/21/2013 - Cell Phones Mobile Devices Smartphones Stored Communications Act

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

9/17/2013 - Collective Bargaining Disclosure Requirements Erosion NLRB Unions

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

8/29/2013 - Bargaining Units NLRA NLRB Union Elections Unions

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