In late December, the National Labor Relations Board (“NLRB”) 2023 Election Rule will take effect, expediting the timeline for processing representation election cases. The 2023 Election Rule removes certain changes...more
Join Us for Our Complimentary Annual Labor & Employment Seminar!
We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law....more
9/11/2023
/ Artificial Intelligence ,
Best Practices ,
Colorado ,
Continuing Legal Education ,
Diversity ,
Employer Liability Issues ,
Employment Litigation ,
Employment Practices Liability Insurance (EPLI) ,
Events ,
Family Medical Leave ,
Federal Labor Laws ,
Human Resources Professionals ,
Joint Employers ,
OSHA ,
Reasonable Accommodation ,
Restrictive Covenants ,
State Labor Laws ,
Workplace Safety
On August 15, 2023, the National Labor Relations Board (“NLRB” or “Board”) proved it could revisit the factual record in a case and agreed that an employer had NOT discriminated against an employee for her union activity....more
National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer Abruzzo is redefining regulatory overreach. In a memorandum that reads more like a college term paper than a legal opinion, GC Abruzzo argues that...more
Employees who utter racial epithets, launch outbursts, and otherwise engage in harassing, disruptive, or offensive behavior are once again protected by the National Labor Relations Act (“Act”). The National Labor Relations...more
By now, many employers are aware of the National Labor Relations Board’s (“NLRB”) February 2023 decision McLaren Macomb in which the NLRB reversed the existing standard that an employer’s inclusion of confidentiality,...more
Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...more
1/31/2023
/ Attendance ,
BlackRock ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Dress Codes ,
Masks ,
NLRA ,
NLRB ,
Retaliation ,
Summary Judgment ,
Title VII ,
Whole Foods
Our Decades-Old Tradition Returns In Person!
Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals.
Among the topics during this year’s general session are a...more
9/29/2022
/ Best Practices ,
Continuing Legal Education ,
Corporate Counsel ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Employment Litigation ,
Environmental Social & Governance (ESG) ,
Events ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Human Resources Professionals ,
Immigration and Customs Enforcement (ICE) ,
NLRB ,
Remote Working ,
State Labor Laws ,
Work Visas
Earlier this month, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking (NPRM), that would move the goalposts for what is considered a joint employer under the National Labor Relations Act...more
The National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, is attempting to revive unions’ ability to win recognition from employers without a secret ballot election. In a brief filed...more
On August 12, 2021, the newly appointed and narrowly confirmed General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued a Memorandum outlining the Board’s first steps in undoing every significant...more
In a long-awaited move, the National Labor Relations Board (“NLRB” or “Board”) overruled the Obama Board’s decision in Total Security Management Illinois 1, LLC, 364 NLRB No. 106 (2016) (“Total Security“), and concluded that...more
On March 31, 2020, the National Labor Relations Board (“NLRB” or “Board”) finalized amendments to its election rules, improving current processes in favor of greater employee choice.
New Blocking Charge Policy: Instead of...more
The United States Court of Appeals for the Second Circuit has held that an employee of a private contractor enjoys the rights of a public employee with a “property interest” in his employment.
The plaintiff was employed...more
In another stunning and sweeping decision, The National Labor Relations Board (“NLRB” or “Board”) has overturned the “clear and unmistakable” waiver test and concluded that employers may make unilateral changes to terms and...more
The National Labor Relations Board (“NLRB” or “Board”) has settled a long-brewing controversy over what constitutes “discrimination” with respect to non-employee access to employer property. Twenty years ago, the Board held...more
The National Labor Relations Board (“NLRB” or “Board”) has reversed one of the Obama Board’s most fiercely debated decisions and held that a property owner may lawfully prohibit the employees of a contractor or licensee from...more
In its first significant decision applying the Supreme Court’s holding in Epic Systems v. NLRB, 584 U.S. ____, 138 S.Ct. 1612 (2018), the National Labor Relations Board (“NLRB” or “Board”) ruled that a restaurant owner...more
The National Labor Relations Board (“NLRB” or “Board”) has ruled that unions cannot charge nonmember represented employees for union lobbying expenses. Under the Supreme Court’s decision in Communication Workers v. Beck, 487...more
In a case handled by Sherman & Howard’s Labor and Employment Department, the National Labor Relations Board (“NLRB”) returned to its traditional independent contractor test, reversing the Obama Board’s 2014 decision in FedEx...more
On December 28, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision partially granting enforcement to the National Labor Relations Board’s controversial decision in Browning-Ferris...more
The NLRB General Counsel’s Division of Advice recently rejected a union’s claim that it was entitled to receive financial data regarding an employer’s intended use of government largesse resulting from the federal Tax Cuts...more
NLRB General Counsel Peter Robb this week directed his staff not to object when an employee, who is trying to decertify a union, moves to intervene in a related unfair labor practice case. Typically, when employees try to...more
The new National Labor Relations Board (“NLRB” or “Board”) reversed another Obama Board decision on Friday. In Raytheon Company, 365 NLRB No. 161 (December 15, 2017), the Board returned to long standing precedent that the...more
NLRB General Counsel Peter B. Robb has made a first and lasting impression with his initial Memorandum describing Mandatory Submissions to Advice. General Counsel Robb announced his intent to review, through the Division of...more
12/6/2017
/ Administrative Appointments ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Protected Concerted Activity ,
Purple Communications ,
Regulatory Reform ,
Regulatory Standards ,
Unfair Labor Practices ,
Unions