Neil S. Goldsmith

Neil S. Goldsmith

Franczek Radelet P.C.

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NYU Agrees To Recognize Graduate Student Organizing Rights

As we reported last year, the fight over graduate student organizing rights has taken yet another tumultuous turn at the National Labor Relations Board. The Board has changed its position twice in recent years on the issue of...more

12/9/2013 - NLRA Students Unions Universities

NLRB Administrative Law Judge Expands D.R. Horton; Strikes Down Arbitration Agreement With Opt-Out Provision

As we previously reported, in D.R. Horton, the NLRB held that a mandatory arbitration agreement that waives employees’ rights to participate in class or collective actions is unlawful under the National Labor Relations Act...more

12/2/2013 - Arbitration Arbitration Agreements Class Action D.R. Horton D.R. Horton v NLRB Employer Liability Issues NLRB Opt-Outs

Government Offers Additional Guidance On The Use Of Race In Admissions

Last Friday, the U.S. Department of Education and U.S. Department of Justice issued a joint “Dear Colleague Letter” addressing the impact of Fisher v. University of Texas, the recent Supreme Court decision involving the use...more

10/2/2013 - Affirmative Action College Admissions Colleges Department of Education Diversity DOJ Fisher v University of Texas Race SCOTUS Universities

White Employee Lacks Title VII Race Discrimination Claim In Paula Deen Case

Although most of the media attention surrounding Jackson v. Deen has focused on Paula Deen’s admission during a deposition that she used racial slurs, the underlying case presents an interesting legal question: Can a white...more

8/26/2013 - Civil Rights Act Discrimination Hostile Environment Paula Deen Racial Discrimination Slurs Title VII

Sixth Circuit Enforces NLRB’s Controversial Specialty Healthcare Decision

In its 2011 decision in Specialty Healthcare, the National Labor Relations Board changed the test it uses to determine bargaining unit appropriateness. ...more

8/21/2013 - NLRB Overwhelming Community of Interest Specialty Healthcare Unions

President Obama Proposes Funding Increases For Labor And Employment Agencies In FY2014 Budget

On April 10, President Obama unveiled his $3.78 trillion proposed budget for FY2014. The proposed budget included funding increases for several agencies charged with administering and enforcing the nation’s major labor and...more

4/29/2013 - Barack Obama DOL EEOC Federal Budget FLSA NLRB

Fast Food And Retail Workers Strike In Chicago

Hundreds of fast food and retail workers will be striking in downtown Chicago today in an effort to push for higher wages as part of the “Fight for $15” campaign. This comes just weeks after fast food workers in New York...more

4/24/2013 - Fast-Food Industry Minimum Wage Retailers Strike Wages

NLRB Continues to Expand Specialty Healthcare Bargaining Unit Standard And Upholds Smaller Bargaining Unit Despite Union’s Prior...

In its 2011 decision in Specialty Healthcare, the National Labor Relations Board changed the test it uses to determine bargaining unit appropriateness. We reported on Specialty Healthcare for the American Bar Association and...more

4/8/2013 - Healthcare Multiple Bargaining Units NLRB Specialty Healthcare

NLRB Orders Reinstatement And Backpay For Employee Who Was Unlawfully Discharged For Discussing Salary Information At Work

Despite the uncertainty surrounding the legitimacy of the current National Labor Relations Board in the wake of the Noel Canning decision, the Board has continued to issue decisions that have serious consequences for...more

2/28/2013 - ALJ Back Pay Canning v NLRB Confidentiality Agreements Hiring & Firing NLRA NLRB Non-Union Protected Concerted Activity Reinstatement

Union Membership Continues To Decline According To New Data Released By Department Of Labor

On January 23, 2012, the U.S. Department of Labor issued its annual report on union membership. The report tracks statistics and trends for both union membership — defined as wage and salary workers who reported being members...more

2/6/2013 - DOL Union Membership Unions

NLRB Overrules Longstanding Precedent, Provides Opportunity For Unions To Obtain Confidential Witness Statements Used In Internal...

Since 1978, employers had not been required to disclose witness statements provided in internal investigations to unions deciding whether to pursue various grievances. All that changed last week when the NLRB overturned its...more

1/4/2013 - Confidential Documents Internal Investigations NLRB Unfair Labor Practices Unions Witness Statements

National Labor Relations Board Adds To Facebook Jurisprudence; Finds Posts To Be Protected, Concerted Activity

The National Labor Relations Board issued its first social media decision in September. Last week, the NLRB issued another social media decision in a case involving employees’ Facebook comments and an employer’s right to...more

12/28/2012 - Facebook Hiring & Firing Hispanics United of Buffalo NLRA NLRB Protected Concerted Activity Section 7 Social Media Termination

At Year’s End, Pending NLRB Decisions Weigh Heavily On Higher Education

A trio of cases currently pending before the National Labor Relations Board (NLRB) could drastically affect employment relationships within higher education. At stake in all three cases are members of the university...more

12/10/2012 - NLRB Unions

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