News & Analysis as of

Unions

Another Facially Neutral Employment Policy Bites the Dust

About a year ago, the National Labor Relations Board (NLRB or Board) struck down another neutral employer workplace rule – this one against making unauthorized recordings in the workplace. The NLRB’s decision just was...more

Employers Permitted to Modify Retiree Benefits Following Expiration of CBA

In a closely watched case for employers, the Third Circuit Court of Appeals, which has jurisdiction in Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands, recently held that retiree healthcare benefits provided in...more

Top Five Labor Law Developments In May 2017

by Jackson Lewis P.C. on

1. Handbook rules requiring employees to obtain preapproval to use cameras and other recording devices at work are not per se unlawful, according to the National Labor Relations Board. Mercedes-Benz U.S. Int’l Inc., 365 NLRB...more

DOL Issues Notice of Proposed Rulemaking to Rescind Obama Administration’s Final Persuader Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Trump Administration DOL issues notice of proposed rulemaking to rescind Obama Administration DOL’s long-embattled final persuader rule. The proposed rule is open for public comments for 60 days....more

Second Circuit Upholds NLRB Whole Foods Decision Allowing Employee Recording in the Workplace

by Franczek Radelet P.C. on

With little fanfare, the Second Circuit Court of Appeals recently upheld a National Labor Relations Board decision striking down Whole Foods’ policies prohibiting workplace audio or video recording without prior approval from...more

NLRB Rules That Employers Have a Duty to Bargain Over ACA-Mandated Group Health Benefit Changes

On May 16, 2017, the National Labor Relations Board (“NLRB”) issued a decision holding an employer has the duty to bargain with a union over changes to a group health plan even though the changes were mandated by the...more

Lehigh Valley Facilities Targeted for Unionization

Lehigh Valley residents know that the area has become home to a number of distribution and warehousing facilities, particularly in recent years. It should not come as a surprise, then, that these facilities have become...more

OCR Guidance Could Alter Scope of Pending and Future Civil Rights Investigations

by WilmerHale on

A memorandum obtained by ProPublica, if authentic, sets forth substantially revised guidance for civil rights investigations conducted by the U.S. Department of Education's Office for Civil Rights (OCR). The memorandum,...more

Senate Introduces Own Version Of Bill To Restore National Labor Relations Board Election Procedures

by McGuireWoods LLP on

On Wednesday, June 14, 2017, Senator Lamar Alexander (R-TN) announced introduction of The Workforce Democracy and Fairness Act (S. 1350): A bill to amend the National Labor Relations Act with respect to the timing of...more

Another One Bites the Dust: DOL Rescinds Obama’s Persuader Regulations

Earlier this month, the United States Department of Labor (“DOL”) announced its intent to rescind the Obama-era regulations regarding persuader activity and reporting requirements pursuant to Section 203(c) of the...more

Out With A Whimper: DOL Moves To Rescind Persuader Rules

As we reported last month, the DOL was considering what to do with the enjoined persuader rules, new regulations that would have drastically changed the interpretation of the advice exemption to the LMRDA reporting...more

A Union Has Filed A Petition To Represent Your Employees: Make A List And Check It Twice!

by Jackson Lewis P.C. on

Several deficiencies in a voter eligibility list justified rerunning an election that the employer had won, the NLRB has held, 2-1 (Chairman Philip Miscimarra dissenting in part). RHCG Safety Corp., 365 NLRB No. 88 (June 7,...more

Federal Court Washes Away New York City’s Pro-Union Ordinance

by Jackson Lewis P.C. on

A New York City ordinance requiring car wash companies to post a higher surety bond if they do not sign a union bargaining agreement covering their employees is invalid because it unlawfully favors unionization, and therefore...more

Macron Delivers on Promise to Prioritize Agenda for French Employment Law Changes

When Emmanuel Macron was campaigning, he said that if elected, he would revise French employment laws. It looks like President Macron will act on his promise....more

Proposed Rule Seeks To Finish Off Obama Administration’s “Persuader Rule” For Good

The U.S. Department of Labor has issued a Notice of Proposed Rulemaking to rescind the Obama Administration’s version of the “Persuader Rule.” The Obama Rule never actually became applicable because it was enjoined by a...more

Labor Board Finds Employer Guilty Of “Textual Harassment” - Manager’s Text Message During Union Campaign Deemed Unlawful...

by Fisher Phillips on

In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more

2017 and the West Virginia Legislature - The Year of the Employer

The 2017 regular session of the West Virginia Legislature saw several changes in laws relevant to employers. Changes of interest to employers include the West Virginia Safer Workplace Act, Second Chance for Employment Act,...more

Sometimes It’s Not What You Say But How You Say It

by Faegre Baker Daniels on

A recent First Circuit opinion demonstrates that sometimes how you say something is more important that what you say. In fact, that principle led the court to reverse the NLRB’s order that a Massachusetts hospital must...more

To Search A Supervisor’s Phone Or To Not Search A Supervisor’s Phone? That Is The Question

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 7, 2017, the Board held that in order to comply with the Board’s Election Rules, an employer may need to search the phones of supervisors to identify the phone numbers of eligible voters, even if...more

2017 West Virginia Legislative Update For Employers

The West Virginia Legislature ended its 2017 session with a few changes employers should be aware of, including updates to medical marijuana laws, questions you can and can't ask when hiring, and more. In this webinar,...more

DOL to Take Steps to Address Persuader, Overtime Rules

by Littler on

The same week the Department of Labor removed two guidance documents governing joint employment and independent contractors, it indicated it will soon reconsider two contentious rules that have been put on hold. The DOL is...more

Republican Lawmakers Introduce Three House Bills To Roll Back National Labor Relations Board Quickie Election Rules

by McGuireWoods LLP on

A trio of bills has been introduced in the House of Representatives to amend the National Labor Relations Act in an effort to roll back some of the more aggressive changes to the union representation election process...more

Circuit Court Rejects Attack On NLRB’s New Witness Rule

During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be...more

Disclosure Danger: Employers Still Stuck With NLRB’s Witness Statement Disclosure Standard

by Fisher Phillips on

The U.S. Court of Appeals for the District of Columbia rejected the chance yesterday to revive long-held precedent which for many years had protected employer witness statements from disclosure to unions before an arbitration...more

Outsourcing In The Hotel Industry – Beware Of The Pitfalls

by Fisher Phillips on

In recent years, a number of hotels both in the United States and abroad have increasingly outsourced certain departments. Housekeeping, valet parking, and some or all aspects of food service are frequently selected as...more

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