Employers frequently ask if they can maintain rules requiring employees to keep the contents of their employment handbooks confidential.
In a recent memorandum, the General Counsel (GC) (Division of Advice) of the National...more
Delay and Disruption Claims -
Delay and disruption issues can come up in any project. This article offers an initial introduction and explains the legal requirements for both delay and disruption claims, and practical...more
In a very recent decision the National Labor Relations Board (Board) held that two separate construction contractors constituted a single employer and a joint employer under labor law. Both entities were, therefore, jointly...more
Indian tribes continue to challenge the NLRB's jurisdiction over casinos located on Indian lands and courts continue to side with the NLRB.
In Casino Pauma, the 9th Cir. decided on April 26, 2018, that under the test...more
Recently the Supreme Court heard oral arguments on a matter that could severely impact the status of unions. The dispute will determine whether nonunion employees working in the public sector should have to pay partial union...more
4/4/2018
/ Collective Bargaining ,
Fair Share Law ,
First Amendment ,
Friedrichs v CA Teachers Association ,
Opt-Outs ,
Public Employees ,
Public Sector Unions ,
SCOTUS ,
Teachers ,
Union Dues ,
Unions
Dear clients and friends,
We present our traditional year-end issue of Snell & Wilmer’s Corporate Communicator to help you prepare for the upcoming annual report and proxy season. This issue highlights SEC reporting and...more
12/23/2016
/ Blue Sky Laws ,
Board of Directors ,
Bylaws ,
Clawbacks ,
Conflict Mineral Rules ,
Director Compensation ,
Directors ,
Diversity ,
Dodd-Frank ,
Financial Industry Regulatory Authority (FINRA) ,
Glass Lewis ,
Golden Leash Arrangements ,
Hedging ,
Initial Public Offering (IPO) ,
Institutional Shareholder Services (ISS) ,
JOBS Act ,
Nasdaq ,
No-Action Letters ,
Non-GAAP Financial Measures ,
Pay Ratio ,
Pay-for-Performance ,
Proxy Access ,
Proxy Season ,
Proxy Voting Guidelines ,
Regulation A ,
Say-on-Pay ,
Section 162(m) ,
Securities and Exchange Commission (SEC) ,
Shareholder Distributions ,
Shareholders ,
Tenure ,
Universal Proxy
Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016.
A recent hot topic with...more
12/8/2016
/ Arbitration ,
Arbitration Awards ,
Collective Bargaining ,
Construction Defects ,
Construction Industry ,
Construction Liens ,
Department of Transportation (DOT) ,
Design Professionals ,
Dispute Resolution ,
Federal Contractors ,
Financial Statements ,
General Contractors ,
NLRB ,
Payment Bonds ,
Public Works ,
Statute of Repose ,
Subcontractors ,
Unions ,
Waivers
There are several changes and new trends appearing this year in various areas of labor and employment law. This month’s Workplace Word highlights several of these changes and discusses what employers should expect this year....more
The Court of Appeals for the D.C. Circuit recently denied enforcement of an order from the National Labor Relations Board (NLRB). The NLRB believed that the open door policy below prohibited employee complaints or discussions...more
Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint...more
9/10/2015
/ Construction Industry ,
Contract Termination ,
Contractors ,
Cost Recovery ,
Joint Employers ,
Joint Venture ,
NLRB ,
Subcontractors ,
Suppliers ,
Termination ,
Terms and Conditions ,
Wage and Hour ,
Women-Owned Businesses
On August 27, 2015, the National Labor Relations Board (Board) changed the standard that has existed for many years for determining whether two or more entities are “joint employers” of the same employees....more
The National Labor Relations Board is expected to issue a decision in the very near future (Browning-Ferris Industries 32 RC 109684) that will dramatically change the standard for finding that two or more entities...more
The new NLRB expedited union election rules, scheduled to go into effect on April 14, 2015, drastically restructure NLRB representation proceedings and impose very significant new obligations on employers. The rule changes...more
A National Labor Relations Board (“NLRB”) Regional Director recently issued a ruling that could clear the way for more unionization of faculty members at private, religious schools. The Regional Director for NLRB Region 19...more
Reversing well established precedent, on December 11, 2014, the National Labor Relations Board (NLRB or the Board) held that employees that have been given access to their employers’ email systems, must be permitted to use...more
On October 21, 2014, National Labor Relations Board (NLRB or Board) Associate General Counsel, Barry J. Kearny, discussed the litigation, currently before the Board, on the joint employer issue. Kearny predicted that the...more
A. Introduction -
Over the last few weeks, there has been a great deal of discussion in the legal media regarding the National Labor Relations Board (NLRB or Board) General Counsel’s (GC) argument to the Board, that...more
In a directive that has rocked the franchise world, the National Labor Relations Board (NLRB or the Board) Office of the General Counsel determined that McDonald’s USA, LLC, as the franchisor, could potentially be held liable...more
On June 26, the Supreme Court decided National Labor Relations Board v. Noel Canning, et al. This decision will have long-term significance on the ability of federal administrative/regulatory agencies (often referred to as...more
Can Non-Employees Be Denied Access to Employers’ Property?
Employers often raise questions on whether labor law requires them to allow non-employees to solicit, hand-bill, demonstrate, etc. on the employers’ property....more
Threat to File a Formal Proceeding Seeking State Action -
Commercial developer (Developer) is developing a shopping center in X Township (Township). Developer is considering non-union general contractor (Non-U) to...more
As a general proposition, employees in “right to work” states may not be required to become union members, maintain union membership or pay union fees in order to obtain or retain employment. In “union security” states, on...more
Undocumented Workers Are Employees -
It is well established that undocumented workers are “employees”, as that term is defined in the National Labor Relations Act, 29 U.S.C.151, et. seq. (the Act). In essence, the Act...more
The American Staffing Association (ASA) recently reported that the trend to hire temporary and contract employees through staffing agencies continues to grow. In 2013 staffing companies employed three million workers per day...more
The Dispute -
The International Longshore and Warehouse Union (“ILWU”) had a long established collective bargaining relationship with grain exporter Marubeni-Columbia Grain, Inc. (“CGI”), which covered CGI’s employees...more