Four months ago, we told you about a brewing labor law issue – whether the National Labor Relations Board (NLRB or Board) must satisfy the traditional preliminary injunction standard to secure an injunction against an...more
During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more
In a follow-up to our December 2022 blog post and December 2023 year-end roundup alert regarding the National Labor Relations Board’s (NLRB or Board) decision in Thryv, Inc., the United States Court of Appeals for the Fifth...more
On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more
3/1/2024
/ Adverse Employment Action ,
Black Lives Matter ,
Civil Rights Act ,
Dress Codes ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Actions ,
Federal Labor Laws ,
Hiring & Firing ,
Home Depot ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Race Discrimination ,
Section 7 ,
Termination
When the National Labor Relations Board (NLRB or the Board) issues an administrative complaint accusing an employer of unlawful labor practices, it triggers in-house proceedings before the Board. These in-house proceedings...more
With the new year upon us and amid an uptick in activity by the National Labor Relations Board (NLRB or the Board), the time is ripe for employers to refresh themselves on a basic labor principle that sometimes goes...more
As we reflect on the many decisions that the National Labor Relations Board (NLRB or the Board) has handed down this year (many of which are unfavorable to employers), now is the perfect time to ensure that your organization...more
New Jersey companies utilizing the services of temporary workers contracted through a staffing agency or temporary help service firm should be aware that additional state-mandated protections covering certain temporary...more
In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more
5/17/2023
/ Adverse Employment Action ,
Discipline ,
Employer Liability Issues ,
Employment Policies ,
General Motors ,
New Rules ,
NLRA ,
NLRB ,
Protected Activity ,
Section 7 ,
Unions
We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance...more
Under the National Labor Relations Act, unions are entitled to request information from an employer that is relevant to carrying out the union’s representation duties. The key limiting principle is that the union must...more
On February 21, the National Labor Relations Board (“NLRB” or “Board”), as anticipated, issued a decision in McLaren Macomb that reversed several Trump-era rulings that generally had allowed employers to proffer severance...more
As of Jan. 1, 2022, employers in the City of Brotherly Love are prohibited from requiring job applicants to undergo pre-employment drug testing for marijuana use. The ordinance, referred to as the Prohibition on Testing for...more
President Biden has just announced that he is tasking OSHA with implementing a new emergency rule mandating that employers with at least 100 employees either require their workforce to be vaccinated or require unvaccinated...more
In a 5-2 decision, the Pennsylvania Supreme Court held that employers in the state must now pay employees for time spent on their premises when waiting for – and undergoing – required security searches....more
In a significant victory for California agricultural employers, the Supreme Court recently held that California’s regulation requiring agricultural companies to permit union organizers on their property was an...more
Peter Fischer and Christian White, two attorneys in BakerHostetler’s Labor and Employment Group, discuss the Protecting the Right to Organize Act, commonly referred to as the “PRO Act,” and discuss how the most transformative...more
3/17/2021
/ Ambush Election Rules ,
Arbitration Agreements ,
Biden Administration ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Joint Employers ,
Labor Reform ,
Labor Relations ,
Mandatory Arbitration Clauses ,
NLRB ,
Proposed Legislation ,
Union Organizers ,
Unions
BakerHostetler’s COVID-19 Labor and Employment Issues Task Force issued a set of FAQs on March 18, 2020, March 30, 2020 and April 6, 2020 regarding general legal issues concerning the COVID-19 pandemic. Below are new FAQs...more
BakerHostetler’s COVID-19 Labor and Employment Issues Task Force issued a set of FAQs on March 18, 2020 and another on March 30, 2020 regarding general legal issues concerning the COVID-19 pandemic....more
4/7/2020
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Hiring & Firing ,
Layoffs ,
NLRB ,
Paid Leave ,
Sick Leave ,
Unemployment Benefits ,
Unemployment Insurance ,
Unions