Proskauer - Labor Relations

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Firm Profile: Proskauer Rose LLP
2049 Century Park East
Los Angeles, CA 90067-3206, United States
Phone: 212.969.3000
Fax: 212.969.2900
Areas of Practice
  • Commercial Law & Contracts
  • Labor & Employment Law
  • Litigation
Locations
Other U.S. Locations
  • California
  • D.C.
  • Florida
  • Illinois
  • Louisiana
  • Massachusetts
  • New Jersey
  • New York
Other Countries
  • Brazil
  • China
  • France
  • Hong Kong
  • United Kingdom

Divided NLRB Rules Employer Policy Protecting Customer Information Is Lawful

Employers can prohibit the use by employees of the names, social security numbers and credit card numbers of customers in furtherance of organizational activities. If this seems like it should have been a foregone conclusion, a…more
 /  Administrative Law, Labor & Employment Law, Privacy, Consumer Protection

NLRB Gains A New Member As Marvin E. Kaplan Is Sworn In

The NLRB announced this week that Marvin E. Kaplan was sworn in as the agency’s newest Board member. Member Kaplan’s term expires August 27, 2020. The Board complement now stands at four of five members. Congress delayed…more
 /  Administrative Law, Elections & Politics, Labor & Employment Law

NLRB’s Acted More Like “Advocate Than Adjudicator” In Issuing Decision, DC Court of Appeals Concludes

When bargaining over an agreement, it is common to hear union representatives ask “why do we need such elaborate language in an agreement? We are always reasonable.” To which, the company usually responds, “We think you’re nifty…more
 /  Administrative Law, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Two Employees, Social Media, An Unlawful Policy ... What Could Possibly Go Wrong?

The advent of social media resulted in a feverish effort by the NLRB to keep up with new technology. In reality, the legal standard for evaluating whether conduct is protected concerted activity did not change. Rather, all the…more
 /  Administrative Law, Labor & Employment Law

Employer’s Asking Employee “How Things Are Going?,” Prelude to Unlawful Solicitation of Grievances, Board Majority Rules

We are on the verge of the Board majority changing for the first time in approximately a decade. The President’s two appointees, if confirmed, will bring the Board up to a full five members. After the new members are seated we…more
 /  Labor & Employment Law

Attack Falsely Alleging Sandwich Maker Engaged In Unhealthy Practices Not Protected Activity Concludes Appeals Court, Overruling NLRB

Labor disputes are passionate affairs. Workplace grievances elicit all sorts of strident behavior. When the dispute involves a group of employees, the effect can become magnified. The exact point at which the stridency of an…more
 /  Administrative Law, Labor & Employment Law

Novel Theory Related To Violation Of Bargaining “Ground Rules” Fails (Fortunately)

When an employer and a union sit down to bargain they often agree to ground rules for how negotiations are to be conducted. A common ground rule, for example, is for the parties to agree to address “non-economic” items before…more
 /  Administrative Law, Labor & Employment Law

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights and…more
 /  Administrative Law, Commercial Law & Contracts, Labor & Employment Law

Out With A Whimper: DOL Moves To Rescind Persuader Rules

As we reported last month, the DOL was considering what to do with the enjoined persuader rules, new regulations that would have drastically changed the interpretation of the advice exemption to the LMRDA reporting requirements…more
 /  Elections & Politics, Labor & Employment Law

Circuit Court Rejects Attack On NLRB’s New Witness Rule

During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be employees…more
 /  Administrative Law, Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

NLRB Settlements Can Be Tricky, Especially If You Don’t Inform The Agency

The last few decisions issued by the NLRB have addressed a wide spectrum of rather unique situations. Just in the last several days we saw decisions involving a combative registered nurse and a human resources representative…more
 /  Administrative Law, Civil Remedies, Intellectual Property, Labor & Employment Law

HR Generalist’s Threat To Bring In Union Not Protected, NLRB Rules

One of the most interesting things about labor relations is the unusual situations human resources professionals have to deal with on a day to day basis. If you are at a cocktail party with a human resources professional, ask…more
 /  Administrative Law, Labor & Employment Law

Union Adherent’s Antics Not Protected By Act, NLRB Rules

The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was confronted…more
 /  Administrative Law, Labor & Employment Law, Health

NLRB’s Micro-Union Standard May Be Set For Reversal

Change is coming. We noted recently that the administration is thinking about changing the newly adopted persuader regulations. We also know that a majority of make-up of the NLRB is likely to shift very soon, and with it some…more
 /  Elections & Politics, Labor & Employment Law

Signs Point To Change In Government's Position On New (But Currently Enjoined) Persuader Rule

The fight over the Department of Labor’s attempt to “clarify” the 50 plus year interpretation of the persuader rules may be coming to an end. After its implementation, the persuader rule was immediately challenged in litigation…more
 /  Elections & Politics, Labor & Employment Law
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