The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific...more
Perhaps lost in the shuffle of a string of blockbuster Supreme Court decisions was a June 27 ruling that will undermine the National Labor Relations Board’s attempts to impose financial penalties on employers – though it...more
The new union representation process installed by the National Labor Relations Board unsurprisingly led to an astronomical increase in election petitions filed in the first half of FY 2024. The Labor Board also saw a...more
A recent federal appeals court decision likely puts an end to a two-year battle impacting Florida employers and their workplace diversity, equity, and inclusion training. The 11th U.S. Circuit Court of Appeals ruled on March...more
An impending Supreme Court decision is poised to transform how the National Labor Relations Board decides cases and may fundamentally alter the course of labor relations as we know it. We predict that a SCOTUS decision to be...more
2/23/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article II ,
Constitutional Challenges ,
Labor Relations ,
NLRB ,
Non-Delegation Doctrine ,
Popular ,
Right to a Jury ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment
The National Labor Relations Board just ruled that a national retailer must allow customer-facing employees who want to write “Black Lives Matter” on their uniforms to do so – and may have opened Pandora ’s Box when it comes...more
2/23/2024
/ Corporate Counsel ,
Dress Codes ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRB ,
Political Expression ,
Political Speech ,
Protected Concerted Activity ,
Unfair Labor Practices ,
Uniforms
A federal court in Florida recently ruled that a company was not the joint employer of an aggrieved worker who was trying to drag it in as an additional party to his discrimination lawsuit. The court’s January 29 decision...more
The year that just wrapped up was one of the most tumultuous in recent memory when it came to strike activity and union organizing – and we’re expecting more of the same in 2023. Indeed, we saw increases in labor actions,...more
Approximately 15,000 nurses represented by the Minnesota Nurses Association began a three-day strike Monday morning in the largest ever-reported strike of nurses in the private sector in the United States. The strike directly...more
A federal appeals court in Washington, D.C. recently issued a decision in the latest installment of the Browning-Ferris joint-employer dispute that should serve as a reminder to employers across the country that change is...more
The White House Task Force on Worker Organizing and Empowerment recently issued a Report to the President that lays the groundwork for significant changes in the labor relations field over the next several years. When the...more
We were off by about 10 days. When we published An Employer’s Guide to the Baseball Lockout: Answering Your Questions About the First MLB Work Stoppage in Almost 30 Years way back at the beginning of December, we predicted...more
3/14/2022
/ Arbitration ,
Athletes ,
Baseball ,
Collective Bargaining Agreements (CBA) ,
Lockouts ,
Minimum Salary ,
MLB ,
Sports ,
Uniforms ,
Unions ,
Wage and Hour
The White House’s labor task force released a highly anticipated report on Monday as the next step in its long-term plan to “encourage worker organizing and collective bargaining” – and one section of the report takes square...more
As an early holiday present to organized labor, the National Labor Relations Board recently announced it will issue proposed rulemaking on joint employers in February 2022, almost certainly reworking the legal standards to...more
For the first time since the 1994-1995 seasons, Major League Baseball has entered a work stoppage – and you have questions. What led to this point? What is a lockout versus a strike? What are the two sides fighting over? And...more
The National Labor Relations Board’s General Counsel just issued a Memorandum staking out her position that unionized employers must bargain with their unions over the implementation of OSHA’s recently announced...more
President Biden recently issued an Executive Order creating a labor task force designed to “encourage worker organizing and collective bargaining.” Headed by Vice President Harris, the task force includes cabinet members such...more
Florida is currently considering data privacy legislation that would require covered businesses to implement comprehensive policies and procedures to provide privacy rights to consumers. The proposed legislation, House Bill...more
3/2/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Covered Business ,
Data Collection ,
Data Privacy ,
Notice Requirements ,
Personal Data ,
Personally Identifiable Information ,
Privacy Policy ,
Private Right of Action ,
Proposed Legislation ,
State Privacy Laws
With public hesitancy regarding the COVID-19 vaccine still running high, employers are considering whether and how to encourage – or even incentivize – employees to get vaccinated. A significant issue that can be overlooked...more
Employers now have clarification that they will be able mandate the COVID-19 vaccine among their workers in certain circumstances without running afoul of key federal anti-discrimination laws, according to updated guidance...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Use Authorization (EUA) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Interactive Process ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Florida voters just approved a constitutional amendment that will gradually raise the state minimum wage to $15 per hour in 2026. What does this mean for employers? Here are the top five things you need to know about Monday’s...more
The recent documentary “The Last Dance,” chronicling Michael Jordan and the Chicago Bulls’ dynasty of the 1990’s, brought much-needed nostalgia to a sports-deprived world. It featured the remarkable accomplishments of...more
This week, Governor Ron DeSantis and many of Florida’s largest counties issued orders carefully detailing if and how businesses across the state may re-open. Fisher Phillips has reviewed the relevant orders, which are...more
Various factors have created a workplace phenomenon that is both underreported and underestimated: an aging workforce and increasing incidence of age discrimination. As people in this country are living longer, the cost of...more
Florida Governor Ron DeSantis just extended his Safer At Home Order for the State of Florida but announced his plan to gradually re-open the state pursuant to a new Order that will go into effect just after midnight (at 12:01...more