I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Under federal labor law, employees involved in a labor dispute with their employer have the right to seek assistance from the company’s customers. On August 14, the National Labor Relations Board (NLRB) rejected a claim from...more
The U.S. Court of Appeals for the D.C. Circuit has sided with the National Labor Relations Board in affirming the union-friendly practice of “micro-unit” organizing. The D.C. Circuit’s opinion issued in Rhino v. NLRB is...more
Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more
The U.S. Court of Appeals for the Fifth Circuit has denied, 9-6, a retailer’s request for a rehearing of the decision of a three-judge panel of the Court upholding the National Labor Relations Board’s decision that the...more
The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more
Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more
In our last post, we summarized the 2011 Specialty Healthcare decision and the potential for the NLRB to recognize an unduly burdensome number of smaller collective bargaining units. So far, cases interpreting Specialty...more
NLRB extends Weingarten right of union representation to drug and alcohol test situations - On July 31, a three-member panel of the National Labor Relations Board in Ralph's Grocery Co. ruled that a union-represented...more
In two recent decisions, the National Labor Relations Board (NLRB) reached different conclusions on whether unions can organize small groups of employees in a workplace. While the NLRB’s decisions in Macy’s, Inc. and The...more
In 2011, the National Labor Relations Board (NLRB) issued a memorable decision in Specialty Healthcare and Rehabilitation Center of Mobile. The ruling, which was eventually upheld by a federal court of appeals, dealt a blow...more
Even the most casual of observers would have to be wearing blinders not to notice the extraordinary efforts made by the Obama Administration to make it easier for labor unions to organize the non-union workforce. ...more
This week the NLRB decided two cases involving union organizing in large department stores. In each case an NLRB regional director applied the Board’s Specialty Healthcare test to determine whether the bargaining unit...more
In a peculiar spin on the old line “would Macy’s tell Gimbel’s,” the NLRB unanimously rejected a micro bargaining unit at retailer Bergdorf Goodman only a week after it approved a somewhat similar micro bargaining unit at...more
In two separate decisions, the National Labor Relations Board (NLRB) has extended to the retail industry the standard for recognizing what is an “appropriate” bargaining unit that it established in Specialty Healthcare and...more
In a long-awaited decision, the National Labor Relations Board (NLRB) unanimously held that women’s shoe sales associates from two different departments within Bergdorf Goodman’s New York store could not be combined into a...more
On Monday, a unanimous National Labor Relations Board dismissed a union petition seeking to represent 46 shoe sales associates at a Bergdorf Goodman store in New York. This decision comes on the heels of the NLRB’s ruling...more
In a decision released this past week, a majority of the National Labor Relations Board ("NLRB" or "Board") recommitted the federal agency to the principles set forth in Specialty Healthcare, further expanding the way for...more
The NLRB has affirmed the certification of a micro bargaining unit at a Macy’s retail store. Macy’s Inc. and Local 1445, UFCW, 361 NLRB No. 4 (July 22, 2014) The certified unit consists solely of roughly 40 cosmetics and...more
A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration. In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct....more
Employers in California have been watching closely to see how courts will apply the United States Supreme Court’s decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), which held that the Federal Arbitration Act...more