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
Under the National Labor Relations Act, unions are entitled to request information from an employer that is relevant to carrying out the union’s representation duties. The key limiting principle is that the union must...more
President Biden has just announced that he is tasking OSHA with implementing a new emergency rule mandating that employers with at least 100 employees either require their workforce to be vaccinated or require unvaccinated...more
New National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo appears ready and willing to help deliver on President Joe Biden’s promise to be “the most pro-union president [we’ve] ever seen.”...more
Since the onset of the COVID-19 pandemic in March 2020, unions and employers alike have had to adjust to a “new normal” of mail ballot NLRB elections. Under normal circumstances, the NLRB’s preferred and standard method for...more
In a significant victory for California agricultural employers, the Supreme Court recently held that California’s regulation requiring agricultural companies to permit union organizers on their property was an...more
In a case that it characterized as one of first impression in the federal courts of appeals, the Seventh Circuit held last week that the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq....more
The U.S. Court of Appeals for the Fifth Circuit’s recent decision in Stuntz v. Lion Elastomers, LLC, Case No. 19-40336 (Sept. 23, 2020), offers some reassurance to employers that wage and hour issues can be properly (and...more
While California’s wage-and-hour rules recognize a number of exceptions for employees subject to a collective bargaining agreement, the California Supreme Court’s denial of review in Gutierrez v. Brand Energy Svcs. of Calif....more
With the COVID-19 pandemic continuing to dominate headlines and potential surges expected this fall and winter, safety issues are at the forefront of many employees’ minds. These issues encompass an array of subjects,...more
A recent decision from the Eastern District of Wisconsin serves as a strong reminder that well-crafted handbook policies can sometimes save the day for employers in proposed Fair Labor Standards Act collective actions....more
As state and local stay-at-home restrictions across the country are lifted, employers are adopting a variety of approaches to resume regular business operations. Some employers, for example, remain unconvinced that the...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, March 30, 2020 and April 6, 2020 regarding general legal issues concerning the COVID-19 pandemic. Below are new FAQs...more
The NLRB’s General Counsel Provides Guidance on the Duty to Bargain in Emergency Situations - Regardless of the industry, the COVID-19 pandemic is wreaking havoc on businesses across the country and requiring many employers...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
BakerHostetler’s COVID-19 Labor and Employment Issues Task Force issued a set of frequently asked questions (FAQs) on March 18, 2020, regarding general legal issues concerning the COVID-19 pandemic. Below are new FAQs that...more
3/31/2020
/ 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”)....more
The United States Supreme Court held yesterday that President Obama’s 2012 appointments to the National Labor Relations Board were not valid recess appointments under the United States Constitution. NLRB v. Noel Canning, U.S....more
6/27/2014
The Ninth Circuit’s decision in Johnmohammadi v. Bloomingdales, Inc., Case No. 12-55578 (9th Cir. June 23, 2014), should have employers feeling as good as the U.S. Men’s Soccer team up through the fourth minute of added time...more
Things seem to be going from bad to worse for defunct law firm Dewey & LeBoeuf. As criminal charges continue to loom for some former Dewey partners, the judge overseeing Dewey’s bankruptcy has now ruled that the firm cannot...more
After a string of recent cases in which the agency has been forced to pay employer attorneys’ fees for bringing frivolous claims, the most recent zinger came from the Sixth Circuit last week in EEOC v. Kaplan Higher Education...more
The recent decision in Silva v. Tegrity Personnel Svcs., Inc., Case No. 4:13-cv-00860 (S.D. Tex. 12/5/2013), suggests that some district courts haven’t fully embraced the Supreme Court’s holding in Genesis Healthcare Corp. v....more