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Provisions included in a must-pass budget bill will make significant changes for Connecticut hospitals. These changes, which were embedded in the nearly 900-page Public Act 23-204 signed into law on June 12, 2023, revise...more
Most Washington hospitals will soon be subject to a sweeping 30-page "Safe Staffing Bill" (Bill 5236), aimed at strengthening workplace standards. Starting January 1, 2024, covered hospitals, which is broadly defined to...more
On November 16, 2022, New Jersey Senate Bill No. 315 (S-315) went into effect, providing new employment protections to eligible employees of certain private healthcare entities that undergo a “change in control.” The law...more
The holidays came early for organized labor this year, with the National Labor Relations Board (NLRB or Board) issuing another decision that will make it easier for unions to organize new workplaces. In American Steel...more
Uber, Lyft, and other app-based transportation companies suffered a blow on August 20, 2021, when Alameda Superior Court Judge Frank Roesch ruled that California’s Proposition 22 violates the state’s constitution and is...more
In Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), the National Labor Relations Board (NLRB) jumped back into the quagmire of past practice, dynamic status quo, and impasse to create firmer ground for...more
Seyfarth Synopsis: In a split decision, the NLRB ruled that off-duty employees of an acute care hospital had the right to picket the hospital’s main lobby entrance. After the collective bargaining agreement between acute...more
More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate...more
In an era when the National Labor Relations Board seldom finds actions by employers to be reasonable, that agency recently issued two decisions finding that a unilateral change in employee benefits provided under a collective...more
On Friday, May 15, 18 Democratic Senators sent a letter to President Obama calling for him to issue an executive order that would make the federal government a "model employer." The letter is an updated version of letters the...more
Justice Clarence Thomas and a unanimous US Supreme Court decided to vacate a Sixth Circuit decision and hold that the federal courts cannot assume from silence in a union’s collective bargain agreement that retiree group...more
In a recent decision, an RLA System Board of Adjustment has ruled that unilateral termination of a pilot retiree health insurance plan was permissible because the underlying CBA had terminated....more
In a decision that could have a significant financial impact on many labor unions, the U.S. Supreme Court has held that personal care providers, who are considered state employees only for limited collective bargaining...more
The State of Illinois cannot require Rehabilitation Program “personal assistants” (PAs) who decide not to join a union, to pay compulsory union dues, commonly known as “agency fees,” the U.S. Supreme Court ruled in Harris v....more
On Monday, the Supreme Court took a swipe at public sector compulsory unionism. In doing so, the Court took a slice out of decades of Supreme Court jurisprudence and suggested a future re-thinking of agency fees in the public...more
Yesterday, the Supreme Court of the United States held that the First Amendment of the U.S. Constitution prohibits a public-employee union from collecting an agency fee from home-care workers who do not want to join or...more
On June 30, 2014, the U.S. Supreme Court decided Harris v. Quinn, No. 11-681, holding that the First Amendment does not permit a state to compel public employees to subsidize speech on matters of public concern by a union...more
On the last day of its 2013-2014 session, the U.S. Supreme Court held today that (1) for-profit companies are protected as "persons" under the federal Religious Freedom Restoration Act of 1993 (RFRA) and (2) that the...more
Today, in a 5 to 4 decision, the U.S. Supreme Court declined to extend its previous holdings regarding “fair-share” fees (fees that an employee who refuses to join a union is required to pay in lieu of union dues) to...more
In its much anticipated decision in Harris v. Quinn, 573 U.S. __ (2014), the Supreme Court of the United States in a five to four ruling struck down an Illinois regulatory framework that required personal assistants (PAs) for...more
Does a collective bargaining agreement that requires nonunion home-care workers to pay a fee to a union representative violate the First Amendment of the U.S. Constitution? In the next few days the Supreme Court of the United...more
Earlier this month, the Supreme Court agreed to review the Sixth Circuit’s decision in Tackett v. M&G Polymers USA, LLC, 733 F.3d 589 (6th Cir. 2013). The Court will resolve an existing circuit split as to how courts...more
The U.S. Supreme Court has agreed to review a 2013 Sixth Circuit decision that could alter the way collective bargaining agreement provisions covering retiree health benefits are interpreted. In Taketts v. M&G Polymers, the...more
This month we discuss the evolving case law on the issue of whether unpaid employer contributions due under a collective bargaining agreement can be viewed as plan assets such that the individuals who decide to withhold such...more
The Affordable Care Act (a/k/a Health Care Reform, or the ACA) is complicated. While there is nothing in the ACA that requires any employer to provide group health care coverage to its employees, the failure to do so can come...more