It has been almost two years since the National Labor Relations Board (NLRB) issued its decision in Aspirus Keweenaw in 2020, setting forth the standards that Regional Directors use to determine the efficacy of...more
In Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), the National Labor Relations Board (NLRB) jumped back into the quagmire of past practice, dynamic status quo, and impasse to create firmer ground for...more
As a traditional labor lawyer, I spend a great deal of time traveling the country to assist clients, and I spend a lot of that time in airports and on airplanes reading. On a recent trip, I read The Undoing Project: A...more
In another example of a federal circuit court taking the National Labor Relations Board (NLRB) to task for stretching federal labor law past the point of recognition, the Eight Circuit Court of Appeals recently refused to...more
8/14/2017
/ Administrative Law Judge (ALJ) ,
Appeals ,
Collective Bargaining Agreements (CBA) ,
Disparagement ,
Hiring & Firing ,
Jimmy John's ,
NLRB ,
Public Communications ,
Reinstatement ,
Sick Leave ,
Unions
Since the new “ambush” election rules went into effect on April 14, 2015, there have been over 1,000 petitions for elections filed with the National Labor Relations Board (NLRB). Approximately 60 of those petitions have led...more
On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more
10/29/2015
/ Americans with Disabilities Act (ADA) ,
Browning-Ferris Industries of California Inc. ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Federal Register ,
Foreign Students ,
Form F-1 ,
Franchisee ,
Franchises ,
Franchisors ,
Harassment ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Hostile Environment ,
Immigration Reform ,
Independent Contractors ,
Internships ,
Joint Employers ,
Minimum Wage ,
Misclassification ,
NLRA ,
NLRB ,
NPRM ,
Nurse Practitioners ,
OPT ,
Reasonable Accommodation ,
Retaliation ,
Right to Privacy ,
Severance Pay ,
Social Media Policy ,
Staffing Agencies ,
STEM ,
Student Employees ,
Unpaid Interns ,
Veterans ,
Wage and Hour
The National Labor Relations Board (Board) recently decided a case previously remanded back to it by the District of Columbia Circuit Court of Appeals. The Board’s decision in Arc Bridges, Inc., 362 NLRB No. 56, March 31,...more
4/21/2015
In This Issue:
- Immigration. New proposal aimed at attracting highly-skilled immigrants.
- State Round-Up. Learn about the latest employment law news in your state.
- Traditional. J. Hamilton Stewart and Matthew...more
6/11/2014
/ Chief Compliance Officers ,
Compliance ,
Employee Handbooks ,
Employer Liability Issues ,
Harassment ,
Highly-Skilled Workers Visa ,
Hostile Environment ,
Human Resources Professionals ,
Immigrants ,
NLRA ,
NLRB ,
Sexual Harassment ,
Visas
Employer conduct during a union organizing drive is intensely scrutinized by the National Labor Relations Board (NLRB). Decisions issued by the current NLRB make clear that even minor violations occurring during the...more
I This Issue:
- “Facebook Firing” Ruling Favors Employer
- Workplace Strategies Hits New Highs
- EEOC Issues Updated Guidance For Specific Disabilities
- Genetic Discrimination Suit Settles
- Third Circuit Sides...more
6/20/2013
Today, in a 102-page decision, the Third Circuit Court of Appeals dealt the National Labor Relations Board (NLRB) a significant blow and gave employers another victory in their attempts to have President Obama’s recess...more
In This Issue:
- Immigration. Washington takes the first step toward immigration reform.
- State Round-Up. Learn about the latest employment law news in your state.
- Traditional. Wade Fricke and Matthew Kelley...more
4/19/2013
/ Americans with Disabilities Act (ADA) ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
H-1B ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Immigration Reform ,
L-1 Visas ,
Mental Health ,
Mental Illness ,
PHI ,
Reasonable Accommodation ,
Retaliation ,
Right to Work ,
Visas
On February 1, 2012, Indiana became the 23rd “right-to-work” (RTW) state. Since that date, unions have filed two lawsuits in Indiana federal courts hoping to overturn the law on different grounds. One of those lawsuits,...more
The National Labor Relations Board (NLRB or the Board) continues to force new requirements upon employers from all directions. The Board might say that its new requirements represent an effort at increased civility and common...more