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OSHA Finalizes Rule Allowing Unions to Participate in OSHA Inspections

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

Recognition Without an Election: NLRB Tweaks and Resurrects Joy Silk

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

NLRB Finalizes Rule Restoring Expedited Election Rules

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

NLRB Reverses Standard for Evaluating Workplace Rules

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

NLRB General Counsel: Most Non-Compete Agreements Violate Federal Labor Law

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

The More You Know: An Update to “A 180 Degree Decision: National Labor Relations Board Holds Broad Confidentiality and...

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

A 180 Degree Decision: National Labor Relations Board Holds Broad Confidentiality and Non-Disparagement Provisions in Severance...

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

Employers Beware: Pendulum Continues To Swing In Favor Of Unions

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

NLRB Seeks to Make Union Removal More Difficult

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

OSHA Issues Updated Employer Guidance on COVID-19 Mitigation and Prevention

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

NLRB Redefines Solicitation Broadening What May Be Considered Unprotected Activity

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

NLRB Finalizes New Rule Modifying Election Procedures To Better Protect Employee Free Choice

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

Supreme Court Approves Employers’ Use of Class-Action Waivers in Arbitration Agreements

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

Supreme Court Approves Employers Use of Class Action Waivers in Arbitration Agreements

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

NLRB Reverts to a Broad Test for Determining Joint Employer Status At Least for Now

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 NLRB Adopts New Standards for Analyzing Workplace Rules and Determining Joint-Employer Status

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

OSHA Sets December 15 Deadline to Electronically Submit Workplace Injury and Illness Reports

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

OSHA Rescinds Policy Allowing Union Access to Nonunionized Facilities

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

NLRB Creates New Headaches for Employers Using Staffing Agency Workers

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

NLRB Holds That Hiring Permanent Strike Replacements Can Constitute an Unfair Labor Practice

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

OSHA’s New Final Rule on Reporting Work-Related Injuries and Illnesses May Have Far-Reaching Consequences for Employers

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

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