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Trump, Court Actions Curtail Union Involvement in Federal Contracts

Federal contractors spent the past three years navigating executive mandates limiting their ability to select their own workforces after being awarded a large federal service contract. These mandates also required them to use...more

Unpacking the Biden Administration’s Last-Minute Antitrust Worker Protections

In the final week of the Biden administration, the antitrust enforcement agencies – the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) – released two policies potentially impacting labor markets. The...more

Labor Law Update: Union Certification Without Winning the Employee Vote

As reported throughout the trade press, alcohol beverage companies are facing escalating pressure from unions and the National Labor Relations Board (or NLRB, the federal agency that enforces labor laws against both unionized...more

NLRB Abandons Primacy of Secret Ballot Elections: Employers Should Reassess Labor Relations Risk and Develop New Action Plans

In its recent Cemex Construction decision, the National Labor Relations Board (NLRB) abandoned two fundamental rules enshrined in Supreme Court case law. Both of those Supreme Court decisions prioritized secret ballot...more

NLRB Undercuts Work Rules and Policies for Unionized and Nonunionized Employers

The National Labor Relations Board (NLRB) recently issued a decision that undercuts union and nonunion employers’ ability to enforce longstanding work rules and policies. In general, this decision will lead to increased...more

NLRB Targets Noncompetes at Union and Nonunion Companies

In Memorandum GC 23-08 (Memo), Jennifer A. Abruzzo, General Counsel of the National Labor Relations Board (NLRB), announced that her office would target for prosecution both union and nonunion employers for offering,...more

NLRB Attacks Non-Disparagement and Confidentiality Clauses in Employee Releases, Severance Agreements

Employers, especially in the context of workforce reductions, may provide departing employees with severance agreements in exchange for a release. Those agreements often include non-disparagement clauses and confidentiality...more

The Biden Labor Platform - The First 100 Days and Beyond | Key Takeaways for Union and Non-Union Employers

Before the 2020 election, then US Presidential candidate Joe Biden vowed to be the “strongest labor president you have ever had.” And after a little more than 100 days, President Biden shows every sign of living up to his...more

Labor relations could see changes under Biden

As the November presidential election approaches, labor stakeholders say one thing is clear: Labor relations across the nation could see big changes if Democratic presidential nominee Joe Biden wins the vote. Biden has...more

Employers Grapple with Workers’ Off-Duty Behavior

Employees gathering with friends, expressing their political views and posting about these things on social media have created for employers an increasingly urgent question: When the people engaging in unsafe or politically...more

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