On August 1, 2024, the National Labor Relations Board is set to roll out its Fair Choice-Employee Voice Rule, which includes three major changes...more
The National Labor Relations Board (NLRB) recently held that an employer’s proposal and adherence to proposals could in itself be deemed to be unlawful bad faith bargaining. District Hospital Partners, 375 NLRB No. 55...more
On April 23, 2024, the Department of Labor (DOL) announced the final version of a rule that will significantly increase the annual salary threshold required to classify employees as exempt under the Fair Labor Standards Act...more
4/26/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On April 19, 2024, the United States Department of Education’s Office for Civil Rights (“DOE”) issued its long-awaited and lengthy Final Title IX regulations (the “2024 Final Rule”). The 2024 Final Rule requires that all...more
On Friday, March 8, 2024, the United States District Court of the Eastern District of Texas entered an order that struck down the National Labor Relations Board's recently adopted 2023 regulations defining joint employer...more
On February 5, National Labor Relations Board (NLRB) Regional Director Laura Sacks ordered a representation election to be held to determine if the Dartmouth University Men’s Basketball team will be represented by the Service...more
On October 26, 2023, the National Labor Relations Board (NLRB) issued a Final Rule that makes it much easier for the NLRB to find a company to be a "joint employer" of persons directly employed by its contractors, vendors,...more
The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more
8/4/2023
/ Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Regulatory Agenda ,
Unfair Labor Practices ,
Unions
Let’s say that your company is incorporated in Michigan, headquartered in Michigan, and does business there and in a dozen other states. One of your customers in Texas claims the products it purchased from you and that you...more
6/29/2023
/ Constitutional Challenges ,
Corporate Counsel ,
Domestic Corporations ,
Due Process ,
Foreign Corporations ,
General Jurisdiction ,
Mallory v Norfolk Southern Railway Co ,
Out-of-State Companies ,
Personal Jurisdiction ,
Registration Requirement ,
SCOTUS ,
State of Incorporation
Can a union be sued by management for destroying company property during a strike? On June 1, 2023, the U.S. Supreme Court answered the question in the affirmative....more
6/7/2023
/ Civil Liability ,
Glacier Northwest v International Brotherhood of Teamsters ,
NLRA ,
NLRB ,
Preemption ,
Private Property ,
Property Damage ,
SCOTUS ,
State Law Claims ,
Strike ,
Teamsters ,
Unions
In a ruling that will impact both union and non-union employees, the National Labor Relations Board (“NLRB”) held that standard non-disparagement and confidentiality provisions contained in a severance agreement were invalid...more
The landscape of biometric privacy just became both more settled and unsettling for companies using biometrics. On February 17, 2023, the Illinois Supreme Court held that each scan or transmission of a person’s biometric...more
2/20/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Consent ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Fast-Food Industry ,
Fingerprints ,
Notice Requirements ,
Personal Data ,
Personally Identifiable Information
On January 5, 2023, the Federal Trade Commission ("FTC") issued a notice of proposed rulemaking that would render all non-compete agreements, other than those entered into in connection with the sale of a business,...more
1/6/2023
/ Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
NPRM ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
Can a Michigan municipality require contractors to pay union-level wages when they are awarded government contracts? On December 8, 2022, a 3-0 panel of the Michigan Court of Appeals answered the question in the...more
On December 13, 2022, the National Labor Relations Board (NLRB) expanded the remedies that may be awarded in unfair labor practice cases. The board ruled 3-2 that affected employees may recover compensation for "all...more
12/16/2022
/ Bargaining Units ,
Collective Bargaining ,
Compensatory Damages ,
Damages ,
Employer Liability Issues ,
Labor Regulations ,
Labor Relations ,
Make-Whole Doctrine ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
On September 7, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) that would, if adopted, make it much easier for the NLRB to find a company to be a "joint employer" of...more
The U.S. Supreme Court issued a ruling which will have wide-ranging effects on the ability of governmental entities to react to religious and other speech of public employees. In Kennedy v. Bremerton Schools, the Court ruled...more
When the government allows a private group to display its message on public property, the message does not necessarily become government speech, and the private speaker may remain entitled to First Amendment protections....more
On April 28, 2022, the U.S. Supreme Court issued its 6-3 decision in Cummings v. Premier Rehab Keller, P.L.L.C., holding that emotional distress damages are not recoverable in a lawsuit brought under the Rehabilitation Act of...more
National Labor Relations Board (NLRB) General Counsel (GC), Jennifer Abruzzo, has issued a memorandum stating her intent to seek to change the NLRB's longstanding rule allowing employers to hold mandatory meetings during...more
The Ohio Court of Appeals affirmed a judgment in excess of $30,000,000 against Oberlin College, holding that Oberlin was responsible for libelous statements made during the course of a student protest. Gibson Bros., Inc. v....more
Key Takeaways:
..The Rule only applies to Medicare- or Medicaid-certified facilities and their contractors having contact with patients or staff
..The Rule does not apply to school districts receiving Medicare or...more
On November 10, 2021, the NLRB General Counsel issued a memorandum discussing the bargaining obligations imposed on covered employers under OSHA's Emergency Temporary Standard to Protect Workers from Coronavirus ("ETS")....more
11/15/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Good Faith ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Temporary Regulations ,
Unfair Labor Practices ,
Unions ,
Vaccinations
Late on October 28, 2021, the Illinois legislature took steps to severely limit challenges to COVID-19 prevention measures. The legislature amended the Illinois Health Care Right of Conscience Act, 745 ILCS 70/1 et seq. (the...more
On September 29, 2021, National Labor Relations Board ("NLRB") General Counsel Jennifer Abruzzo issued a memorandum describing her intent to treat scholarship athletes at Division-I Football Bowl Subdivision ("FBS")...more
9/30/2021
/ Colleges ,
Corporate Counsel ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Retaliation ,
Scholarships ,
Student Athletes ,
Student Employees ,
Universities