News & Analysis as of

Unions The National Labor Relations Act

Don't Strike Out: What to Do if Your Employees Strike on May 1

by Faegre Baker Daniels on

With the news reporting a large labor strike of around 350,000 workers planned for May 1, employers should develop a response strategy now to limit liability and keep their businesses humming. The nature of this strike may...more

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit...more

F-Word Facebook Firing Flipped By Federal Court

by Fisher Phillips on

In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more

Dues Checkoff Revocations May Be Valid in Wisconsin Despite Federal Court Ruling

by Jackson Lewis P.C. on

A Wisconsin federal court has invalidated a key provision in Wisconsin’s Right to Work law that gave employees the right to cancel deduction of union dues from their paychecks. Int’l Ass’n of Machinists v. Allen, et al., No....more

NLRB Region Five Rules that Resident Advisors at George Washington University are Employees Who May Unionize

On April 21, 2017, the Acting Regional Director of Region Five of the National Labor Relations Board (“NLRB”) issued a Decision and Direction of Election holding that Resident Advisors (“RAs”) at George Washington University...more

Will Employers Cry Mayday This May 1? What You Need To Know About Planned Protest Activities

by Fisher Phillips on

May Day has historically been a day marked by workers’ rights protests, with union organizing activities and other employee advocacy actions taking place across the country on what is now known as “International Workers’...more

17 Year Old Ruling In Representation Case Can Preclude New Claim For Employees, Divided NLRB Rules

Of all the changes to the law the NLRB has made in the last several years, the most significant involve how the agency determines bargaining units. For example, the NLRB’s decision in Specialty Healthcare drastically altered...more

NLRB Asserts Jurisdiction Over Non-Teaching Employees of a Private Religious University

by FordHarrison on

In an April 6, 2017, decision, Saint Xavier University, 365 NLRB No. 64 (2017), the National Labor Relations Board (NLRB) determined that it was appropriate to exercise jurisdiction over a petitioned-for unit of housekeeping...more

The NLRB Rules That It Will Assert Jurisdiction Over Nonteaching Employees of Religious Institutions And Nonprofit Religious...

by Franczek Radelet P.C. on

In its 2014 landmark decision in Pacific Lutheran University (PLU), the National Labor Relations Board (NLRB) held that it will assert jurisdiction over faculty at religious colleges and universities unless the college or...more

Seattle’s Attempt to Unionize On-Demand Economy Dealt First Blow

by Fisher Phillips on

Not two weeks ago, we discussed several active court cases seeking to challenge the City of Seattle’s first-of-its-kind ordinance aimed at unionizing ride-sharing drivers, pointing out that the battle was about to reach a...more

NLRB Finds That Fast-Food Company Must Allow Employees To Wear “Fight For $15” Buttons

by Seyfarth Shaw LLP on

Seyfarth Synopsis: NLRB rules that fast-food company violated the National Labor Relations Act by maintaining a rule prohibiting employees from wearing unauthorized buttons or insignia and by instructing an employee to remove...more

NLRB Denies Petitions to Revoke Subpoenas Based on Mere Allegation of Joint Employer Status

by Jackson Lewis P.C. on

The National Labor Relations Board has denied petitions to revoke subpoenas that were issued by an NLRB Regional Director to two companies seeking information about a possible joint employer relationship between the two...more

Restaurant Chain Must Allow Employees to Wear Union Buttons

by Best Best & Krieger LLP on

The National Labor Relations Board recently determined that In-N-Out Burger violated the National Labor Relations Act by maintaining and enforcing a work rule prohibiting employees from wearing any type of unauthorized...more

Fight Over Seattle’s Attempt To Unionize On-Demand Economy Reaches Critical Point

by Fisher Phillips on

If the City of Seattle has its way, your next ride-sharing driver could be part of a first-of-its-kind union. And if on-demand economy companies have their way, the courts will block any such unionization efforts before they...more

Giving the Unions Their Dues: NLRB ALJ Finds Partial Preemption of Wisconsin Right-to-Work Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Administrative Law Judge found that the NLRA preempts part of Wisconsin’s right-to-work law that restricts employers from deducting union dues directly from employees’ paychecks....more

March Inevitableness? Considering the Legal Consequences of Pay to Student-Athletes

As of this writing, it has been over 850 days since the UConn women’s basketball team has lost a game. When the Huskies last tasted defeat (in an overtime thriller to Stanford on November 17, 2014), football players at...more

Will The NLRB’s Protection of Unacceptable Conduct Last?

by Akerman LLP - HR Defense on

It’s ironic, isn’t it? While the EEOC could find an employer liable for tolerating racist or sexist remarks by employees, the NLRB has repeatedly found employers liable for failing to do so under the guise of protecting...more

Wage and Hour Changes for NYS Employers, plus a New Form I-9

by White & Case LLP on

Salary Thresholds for Exempt Employees Increased for NY Employers - Although the increase in the minimum salary required for employees to be exempt from overtime pay under federal law has been put on hold by a federal...more

Is There A Women’s March On Employers? What Employers Need To Know About The ‘Day Without A Woman’ Protests

by Fisher Phillips on

After the Women’s March on Washington earlier this year, organizers have now called for a worldwide protest to take place this Wednesday, March 8 – fittingly to take place on International Women’s Day, a day historically...more

U.S. Chamber of Commerce Report Catalogs Extensive Extreme Activity by Obama Era National Labor Relations Board

by McGuireWoods LLP on

Last week, the United States Chamber of Commerce issued a report intended to provide a blueprint to the Trump administration as it looks toward formulating a labor relations agenda. “The Record of the National Labor...more

The Dissenter’s Uprising: Miscimarra to lead Republican-majority NLRB

Philip A. Miscimarra was nominated to the National Labor Relations Board by President Obama in April 2013. Mr. Miscimarra was quickly confirmed by the Senate and began his term in August 2013. Previously a management-side...more

Executive Labor Summary - January / February 2017

NEWS & ANALYSIS - Better times ahead at the NLRB, but it may take a while - For nearly eight years, the National Labor Relations Board has been in the majority control of Democratic appointees of President Obama. During...more

Protests Move North of the Border? Canadian Employers Responses to a National General Strike

On February 17, 2017, activists opposing the new administration are planning a national general strike, including protests and work stoppages. In light of the growing support for the strike, U.S employers face questions...more

“Right-to-Work” Momentum Building in 2017

by Benesch on

In the early months of 2017, right-to-work legislation continues to garner significant attention as a number of states explore legislation. In early January, Kentucky passed legislation prohibiting employers from entering...more

Missouri Has Become the 28th Right-to-Work State

by SmithAmundsen LLC on

On February 6, 2017, the newly elected GOP Governor Eric Greitens, signed into law a right-to-work (RTW) bill that passed the state’s Republican-controlled state legislature....more

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