The National Labor Relations Board (NLRB or Board) recently revived its “blocking charge” policy, voluntary recognition process and construction industry bargaining relationship policy by returning to its pre-April 2020...more
8/22/2024
/ Biden Administration ,
Collective Bargaining ,
Construction Industry ,
Final Rules ,
New Rules ,
NLRA ,
NLRB ,
Policies and Procedures ,
Section 7 ,
Unfair Labor Practices ,
Union Elections ,
Unions
House Bill 433 – effective July 1, 2024 – strips local Florida governments of their power to regulate employers in three important areas. First, the new law preempts local governments from creating heat exposure regulations. ...more
Four months ago, we told you about a brewing labor law issue – whether the National Labor Relations Board (NLRB or Board) must satisfy the traditional preliminary injunction standard to secure an injunction against an...more
During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more
In a follow-up to our December 2022 blog post and December 2023 year-end roundup alert regarding the National Labor Relations Board’s (NLRB or Board) decision in Thryv, Inc., the United States Court of Appeals for the Fifth...more
On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more
3/1/2024
/ Adverse Employment Action ,
Black Lives Matter ,
Civil Rights Act ,
Dress Codes ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Actions ,
Federal Labor Laws ,
Hiring & Firing ,
Home Depot ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Race Discrimination ,
Section 7 ,
Termination
When the National Labor Relations Board (NLRB or the Board) issues an administrative complaint accusing an employer of unlawful labor practices, it triggers in-house proceedings before the Board. These in-house proceedings...more
As we reflect on the many decisions that the National Labor Relations Board (NLRB or the Board) has handed down this year (many of which are unfavorable to employers), now is the perfect time to ensure that your organization...more
There was little doubt that the current National Labor Relations Board (NLRB or the “Board”) would overrule the Trump-era test in The Boeing Company for evaluating work rules in favor of a more employee-friendly standard. The...more
The General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, recently issued a memorandum stating that “the proffer, maintenance, and enforcement” of noncompete provisions in employment...more
6/6/2023
/ Employer Liability Issues ,
Employment Contract ,
New Guidance ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Policy Memorandums ,
Protected Concerted Activity ,
Section 7 ,
Severance Agreements
We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance...more
“You get more remedies! You get more remedies! Everybody gets more remedies!”
Employers found to have committed an unfair labor practice (ULP) now may be required to compensate employees for interest and late fees on...more
According to statistics published in U.S. News & World Report, Florida has the fifth-highest rate of abortions performed per 1,000 women among all 50 states, and it trails only California and New York in the actual number of...more
On March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”). The Act took effect April 1, 2020, and it sunsets on December 31, 2020. This set of FAQs is intended to...more
On Wednesday, March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”). The Act took effect April 1, 2020, and it sunsets on December 31, 2020. This set of FAQs is...more
BakerHostetler’s COVID-19 Labor and Employment Issues Task Force issued a set of FAQs on March 18, 2020 and another on March 30, 2020 regarding general legal issues concerning the COVID-19 pandemic....more
4/7/2020
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Hiring & Firing ,
Layoffs ,
NLRB ,
Paid Leave ,
Sick Leave ,
Unemployment Benefits ,
Unemployment Insurance ,
Unions
On Wednesday, March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”). The Act took effect April 1, 2020, and it sunsets on December 31, 2020. This set of FAQs is...more
Please join us for BakerHostetler's “Labor and Employment Law Under the Trump Administration.” This daylong seminar is designed to offer all new high-level courses, hitting specific and practical headline issues that will be...more
1/10/2017
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
C-Suite Executives ,
Collective Bargaining ,
Directors ,
Disability Discrimination ,
Employee Retirement Income Security Act (ERISA) ,
Employment Policies ,
Events ,
Fair Labor Standards Act (FLSA) ,
Human Resources Professionals ,
Immigration Reform ,
Joint Employers ,
Judicial Appointments ,
NLRB ,
Pay Equity Laws ,
Retirement Plan ,
Trump Administration ,
Unions ,
Wage and Hour ,
Whistleblowers ,
Workplace Investigations
Courts in different jurisdictions take very different approaches to whether and under what circumstances noncompete agreements will be enforced. In fact, the laws with respect to enforcing these agreements differ by...more
On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more
We’ve written before on the questionable statistics used by the U.S. Equal Employment Opportunity Commission (EEOC) in other cases, and a recent court of appeals case involving background checks suggests that the EEOC is...more
On February 20, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed a Maryland federal district court’s entry of summary judgment against the U.S. Equal Employment Opportunity Commission (“EEOC”) with respect to...more
As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security...more
11/24/2014
/ Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Electronically Stored Information ,
NLRA ,
NLRB ,
Popular ,
Unions ,
USPS
In prior articles, we have discussed various decisions by the National Labor Relations Board (“NLRB” or the “Board”) protecting employee social media activity as concerted activity under Section 7 the National Labor Relations...more
On August 25, the National Labor Relations Board found in Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Sanzone, Case No. 34-CA-012915, and Three D, LLC, d/b/a Triple Play Sports Bar and Grille v. Spinella, Case...more