News & Analysis as of

Right to Picket Unions

If you can’t stand the heat, get out of the kitchen – Best Practices from Top Chef

by FordHarrison on

“If you can’t stand the heat, get out of the kitchen!” That’s essentially what a group of Teamsters told Top Chef host personality, Padma Lakshmi, back in June 2014 outside of Steel & Rye restaurant in Milton, Massachusetts....more

Did the Union Cross the (Picket) Line?

by Farrell Fritz, P.C. on

Seeing men and women carrying placards in your front yard or outside of your business is never a comfortable feeling. Unions use picketing to organize workers; in other words, to convince workers that they should join a union...more

Employment News - February 2017

by Hogan Lovells on

Springing into action – start date for Trade Union Act - The Trade Union Act 2016 will come into force on 1 March 2017. The new rules apply to any industrial action for which the ballot opens (by sending out voting...more

2016: A year of discontent?

by Dentons on

2016 has been a turbulent year and it seems to be going out with a bang, in what some have dubbed a “winter of discontent”. According to recent BBC analysis, in the first 10 months of the year 218,300 working days were lost...more

Does the NLRA Protect Racist Insults by Picketing Workers?

by Bass, Berry & Sims PLC on

A case currently under consideration in the Eighth Circuit Court of Appeals deserves watching. The case will determine whether the National Labor Relations Act (NLRA) protects a picketing employee’s right to hurl racist...more

NLRB Permits Off-Duty Employees to Picket on Employer Property

by Franczek Radelet P.C. on

An employer’s ability to prohibit picketing on its property was dealt a serious blow when the National Labor Relations Board (NLRB) recently ruled in Capital Medical Center that an acute care hospital violated Section 8(a)(1)...more

Labor Board Rules Off-Duty Employees May Picket On Employer Premises

by Jackson Lewis P.C. on

In a groundbreaking expansion of union rights, the National Labor Relations Board has ruled that off-duty employees have the right to picket on an employer’s premises, unless the employer can prove under the National Labor...more

When and Where Can the "Line" Be Drawn? NLRB Considers When Off-Duty Employees May Picket a Hospital Employer

by Littler on

The National Labor Relations Board (the “Board”) recently addressed hospital employers’ ability to prohibit picketing by off-duty employees on their own premises. Although the Board concluded that a hospital employer may...more

Get Off My Lawn (Or Gurney): Off Duty Employees Allowed To Picket on Hospital Employer’s Property

by Seyfarth Shaw LLP on

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

Canadian Employment News Series - October 2015

by DLA Piper on

When an employer carries on business during a strike or lockout, one of the difficult questions has been the status of employees who cross the picket line to work during the labour dispute. In a decision on July 22, 2015,...more

NLRB Vastly Expands Its Joint-Employer Standard

by Morgan Lewis on

The Browning-Ferris decision overturns 30 years of precedent and opens up a wide variety of business relationships to allegations of joint-employer status, including staffing agencies, on-site contractors, outside suppliers,...more

Trade Union Bill Published

by Reed Smith on

On 15 July 2015, the Government published a draft Trade Union Bill which sets out changes to tighten the law on industrial action. What is the current position? There is no general right to take industrial action...more

Employers’ Right to Restrict Non-Employees’ Access to Their Property

by Snell & Wilmer on

Can Non-Employees Be Denied Access to Employers’ Property? Employers often raise questions on whether labor law requires them to allow non-employees to solicit, hand-bill, demonstrate, etc. on the employers’ property....more

Employment Flash - February 2013

In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...more

California Supreme Court Rules Unions May Picket On Private Property

Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8, S185544 (December 27, 2012): The California Supreme Court recently held that although a supermarket’s privately owned entrance area is not a public...more

Employment Law Reporter – February 2013

by Ervin Cohen & Jessup LLP on

In This Issue: - The Twenty Pros and Cons of Working in Human Resources - California Supreme Court Issues Harsh Ruling Regarding Union Picketing on Private Property - Excerpt from California Supreme...more

Fenwick Employment Brief - January 2013

by Fenwick & West LLP on

In This Issue: *FEATURE ARTICLES - New Pregnancy and Disability Regulations for California Employers - Washington Federal Court Declines to Uphold Broad Non-compete Restrictions Against California...more

California Supreme Court Permits Picketing on Private Property

by Littler on

In a split decision, the California Supreme Court has upheld the constitutionality of two statutes that restrict state court injunctions against picketing by labor unions on private property. Ralphs Grocery Co. v. United Food...more

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