On Monday, April 1, 2024, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued its final “walkaround” rule. The final rule broadens worker and union rights to designate an employee or...more
The National Labor Relations Board (“NLRB” or “Board”) continued its aggressive efforts to curtail longstanding management rights under federal labor law, this time by reviving key features of a long-dormant legal doctrine...more
Today the National Labor Relations Board (“Board” or “NLRB”) issued a Final Rule amending its procedures governing representation election. The new rule restores the 2014 “quickie” or “ambush” election rules, which will...more
The National Labor Relations Board (the “Board” or “NLRB”) has (again) changed federal labor law in favor of employees. The latest reversal concerns the Board’s standard for evaluating the legality of neutral workplace rules...more
Historically, non-compete agreements between employer and employee have been matters of state law. However, in recent years, federal agencies have commenced efforts to curtail their use. For example, the Federal Trade...more
On February 24, 2023, we issued an alert regarding the NLRB’s decision in McLaren Macomb. In that alert, we indicated that the NLRB would eventually issue guidance on questions arising as a result of that decision and,...more
Tuesday’s NLRB decision in McLaren Macomb explicitly overruled Baylor University Medical Center, 369 NLRB No. 43 (2020) and IGT d/b/a International Game Technology, 370 NLRB No. 50 (2020) and reversed the Trump-era decisions...more
Since President Biden took office and subsequently appointed union attorney Jennifer Abruzzo to the General Counsel role, the National Labor Relations Board (the “Board” or “NLRB”) has issued pro-union decision after...more
On November 3, 2022, the National Labor Relations Board issued a proposed rule that would rescind a 2020 rule issued under the Trump Administration and make it more difficult for workers who are dissatisfied with their unions...more
Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.
On June 10, 2021, the Occupational Safety and Health Commission (“OSHA”)...more
On May 29, 2020, the National Labor Relations Board issued a decision in Wynn Las Vegas, LLC, 369 NLRB No. 91 (2020) broadening the definition of “solicitation.” The Board overruled its prior decisions in Wal-Mart Stores, 340...more
On March 31, 2020, the National Labor Relations Board (NLRB) issued a new rule modifying election procedures so that employees have more of a say as to whether or not they want union representation. The new rule, which is...more
In a highly anticipated opinion, the U.S. Supreme Court ruled on May 21, 2018, that employers may require employees to enter into arbitration agreements waiving their rights to pursue class-action claims against the employer....more
5/29/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
In a highly anticipated opinion, the U.S. Supreme Court ruled on May 21, 2018, that employers may require employees to enter into arbitration agreements waiving their rights to pursue class-action claims against the employer....more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
In a December 18, 2017 Legal Alert, we reported on the National Labor Relations Board’s Hy-Brand Industrial Contractors, Ltd. decision. That decision overruled a broad test for determining joint-employer status under the...more
The recent addition to the National Labor Relations Board (the “Board”) of two new members appointed by President Trump has altered the balance of power at that agency. This change was reflected on December 14, 2017, when the...more
12/19/2017
/ Boeing ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Policies and Procedures ,
Protected Activity ,
Section 7 ,
Unions
After much uncertainty and delay, the Occupational Safety and Health Administration confirmed that the deadline for employers to electronically submit injury and illness data from their 2016 OSHA Form 300A is December 15,...more
On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) rescinded a four-year-old policy allowing unions to participate in OSHA safety and health inspections at nonunionized facilities. Under a...more
It has become increasingly common for employers to use workers supplied by a staffing agency or other third party to supplement their work forces, often in the form of “temporary workers” or leased workers. Although these...more
The National Labor Relations Board (“NLRB”) and the courts have long recognized an employer’s right to hire permanent replacements for economic strikers. Permanent replacements have traditionally been viewed as an employer’s...more
On May 11, 2016, the Occupational Safety and Health Administration (“OSHA”) issued a new final rule governing the tracking and reporting of workplace injuries and illnesses. The new rule, which takes effect, in part, on July...more