News & Analysis as of

Employee Rights Bargaining Power

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Neal, Gerber & Eisenberg LLP

Does the Current Pandemic Entitle an Employer to Take Emergency Action Without Bargaining with the Union?

The coronavirus epidemic has prompted many employers to consider whether the current emergency may allow them to take certain actions without first bargaining with the union representing their employees. ...more

Robinson & Cole LLP

Remember the Duty to Bargain When Planning Coronavirus Response!

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As the United States continues to navigate the ongoing coronavirus pandemic and ensuing economic crisis, many employers are considering unprecedented action, such as altering their business model, implementing remote work...more

Epstein Becker & Green

NLRB Issues Guidance on When Duty to Bargain May Be Suspended During COVID-19 Pandemic

On March 27, 2020, NLRB General Counsel John Ring issued General Counsel Memorandum 20-04, entitled “Case Summaries Pertaining to the Duty to Bargain in Emergency Situations” providing employers with guidance “regarding the...more

Ballard Spahr LLP

Tackling the Duty to Bargain With a Union in Emergency Situations

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General Counsel Memorandum 20-04, released on March 27, 2020, provides guidance on an employer’s duty to bargain under the National Labor Relations Act (Act) in emergency situations, where there is otherwise an absence of...more

ArentFox Schiff

The Obligation to Bargain During the Coronavirus Emergency

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As the coronavirus pandemic continues to impact employers’ business operations, employers with unionized workforces are faced with making business decisions while fulfilling their obligation to bargain with their employees’...more

Pullman & Comley - Labor, Employment and...

Settlement of Wage Claims Under FLSA Must Now be Approved by the Court

A panel of the United States Court of Appeals for the Second Circuit has ruled that parties may not stipulate to dismiss cases brought under the Fair Labor Standards Act without court approval. This ruling may make it more...more

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