News & Analysis as of

Unions

DOL Withdraws Guidance Letters Leaving Employers to Pick up the Pieces

On June 7, 2017, the U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s (“DOL”) guidance on independent contractors and joint employment issued during the Obama administration,...more

No Weingarten Rights For Nurses In Peer Review Proceeding, Federal Appeals Court Rules

by Jackson Lewis P.C. on

Nurses had no right to union representation in their hospital employer’s peer review committee proceedings, the Court of Appeals for the District of Columbia Circuit has ruled. Midwest Division – MMC, LLC, dba Menorah Medical...more

Unions Fight Back Against Missouri Right-to-Work Law

On February 6, 2017, Missouri Governor Eric Greitens signed Senate Bill 19, making Missouri our nation’s 28th right-to-work state. Senate Bill 19, codified as Section 290.590 of the Missouri Revised Statutes (RSMo), was...more

Another Federal Appeals Court Rejects Workplace Recording Bans

by Fisher Phillips on

The 5th Circuit Court of Appeals recently became the second federal appeals court this year to hold that an employer’s rule prohibiting recording in the workplace violates the National Labor Relations Act (NLRA). In a July 25...more

D.C. Circuit Provides Additional Support For Specialty Healthcare, Union-Friendly Micro-Units

by Benesch on

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

Labor Law Lessons From Our Favorite Films: Dirty Dancing

by Jackson Lewis P.C. on

There are films with clear labor law undertones, such as On The Waterfront and Norma Rae. The National Labor Relations Act and its teachings, however, lurk in other pop culture examples. Thirty years ago, the romantic...more

Oregon Employers Face Significant New Workplace Laws

by Fisher Phillips on

There’s good news for Oregon employers about the recently concluded 2017 legislative session: unlike years past, there were only a very small number of workplace laws passed. In fact, the Oregon Legislature only passed four...more

When the costs of litigation catch up with delinquent state actors

by Hogan Lovells on

In July last year the Labour Court handed down a very important judgment against the SABC, in which it reinstated a number of dismissed employees following what we, in time, have come to learn has been political interference...more

Defending Employers’ Access to Legal Advice: Comments Filed Supporting DOL’s Rescission of Controversial Persuader Rule

August 11, 2017, was the deadline for interested parties to submit comments regarding the U.S. Department of Labor’s (DOL) proposal to formally rescind its controversial persuader rule, which was issued in 2016 under the...more

Arbitration Award Consistent with the One Day Rest in Seven Act

by Franczek Radelet P.C. on

In Mondelez Global LLC v. International Association of Machinists and Aerospace Workers District No. 8, an employer prohibited its unionized employees from working seven consecutive days without a 24-hour rest period. The...more

Recent Eighth Circuit Case Illustrates the Need for Newest Members of the NLRB to Be Confirmed Sooner Rather Than Later

In another example of a federal circuit court taking the National Labor Relations Board (NLRB) to task for stretching federal labor law past the point of recognition, the Eight Circuit Court of Appeals recently refused to...more

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

NLRB: Employer Should Not Have Asked an Employee How Things Were Going During a Union Campaign

by Foley & Lardner LLP on

Employers must tread carefully when communicating with employees during union organizing campaigns. A seemingly innocuous question can violate the National Labor Relations Act’s (NLRA) prohibition on employers soliciting...more

Food and Beverage Law Update: August 2017

by Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

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...more

Management Labor Attorney Being Considered For NLRB General Counsel Nomination

by Jackson Lewis P.C. on

Peter B. Robb, a management-side labor law attorney, reportedly is being considered to be the National Labor Relations Board’s next General Counsel. The four-year term for the current NLRB General Counsel, Democrat Richard F....more

Can a Legislature Really Change a Collective Bargaining Agreement?

by Shipman & Goodwin LLP on

With all of the talk about the financial difficulties faced by the government, I, and others in here, sometimes get the question of whether the State of Connecticut or other states might try to change the laws on collective...more

Epic NLRB Benchslap

by Sherman & Howard L.L.C. on

An agreement between the UFCW and the Fred Meyer grocery store chain restricted the union’s ability to visit with store employees in public view. But things went south when the UFCW declared war on Fred Meyer. Some eight...more

"A Little Bad Grammar Will Not Annul" – Missouri Unions Move Ahead with Referendum Petition to Revoke Right-to-Work

by Littler on

Missouri was set to become a right-to-work state on August 28, 2017. However, unions have continued efforts to prevent the implementation of Senate Bill 19 (“SB 19”), Missouri’s right-to-work bill. Article III, Section 52 of...more

Hold the Mayo: Jimmy John's Workers' Disparaging Statements Not Protected by the NLRA Says 8th Circuit

by Hinshaw & Culbertson LLP on

How far can employees go during a labor dispute to make their case to the public? For years the National Labor Relations Board (NLRB) has granted employees a surprising amount of leeway, so long as their statements were not...more

Senate Confirms Trump NLRB Nominee

As you may recall, we recently wrote about President Trump’s nominating William Emmanuel and Marvin Kaplan to fill the vacant seats on the National Labor Relations Board (“NLRB”). If confirmed by the U.S. Senate, these...more

John Skvarla on the Strength of North Carolina Commerce

by Nexsen Pruet, PLLC on

In May, North Carolina won Site Selection magazine’s 2017 Prosperity Cup, earning recognition once again for its economic appeal and ability to attract new investments while offering a climate that supports growth. On the...more

New Jersey Supreme Court Says Salary Step Increments are Negotiable, but Avoids Dynamic Status Quo Issue

by Genova Burns LLC on

In a highly anticipated decision, the New Jersey Supreme Court held that the issue of salary step increments is a mandatorily negotiable term and condition of employment. However, the Court did not decide whether New Jersey’s...more

AB 119: What Public Employers Need to Know about their Obligations to Give Unions Access to New Employees - Information, Access...

by Best Best & Krieger LLP on

Last week Gov. Jerry Brown signed Assembly Bill 119 into law, which requires public employers to provide union representatives access to new employees during their orientations. This bill defines employee orientation as the...more

Goat Subcontracting (Yes, We Said “Goat Subcontracting”) Grievance Highlights Importance of Strategic Collective Bargaining

by Foley & Lardner LLP on

If you work in a unionized workplace, surely the union at one point or another has “gotten your goat.” Well, the goats are now getting their revenge, and a union doesn’t like it. '...more

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