After a series of preliminary, narrowly decided, and conflicting court decisions concerning requests for preliminary injunctions (see August 20, 2024 Alert), a federal district court in Texas has now entirely set aside the...more
8/23/2024
/ Administrative Law Judge (ALJ) ,
Confidentiality Agreements ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Injunctions ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Restrictive Covenants ,
Texas ,
Unfair Competition
The National Labor Relations Act (NLRA) governs private sector labor/management relations in the United States. Under the NLRA, employers have certain responsibilities and restrictions with regard to their employees,...more
11/20/2023
/ Collective Bargaining ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employment Contract ,
Franchises ,
Franchisors ,
Independent Contractors ,
Job Duties ,
Joint Employers ,
NLRA ,
NLRB ,
Wage and Hour ,
Work Schedules
The National Labor Relations Act (NLRA) provides a host of labor-related rights for private-sector employees, including the right to form or join unions, the ability to compel employers to collectively bargain with the unions...more
6/22/2023
/ Antitrust Violations ,
Collective Bargaining ,
Common Law Test ,
Employee Definition ,
Entrepreneurs ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unions
Almost two years ago, President Joe Biden issued Executive Order 14036, which broadly addresses promoting competition in the American economy. Among the measures considered in that executive order was greater scrutiny of...more
While union activity remains at near record lows in the private sector, the new administration has sent a strong early signal that it hopes to change that situation and that it will not be patient in taking steps it thinks...more
After decades of steady decline in union activity, the number and magnitude of strikes in the United States increased sharply in both 2018 and 2019, rising to their highest levels since the early 1980s. Relatively successful...more
The modern workplace has a dizzying array of formal and informal relationships between individuals performing work and the persons and entities they perform the work for—beyond just the typical employer/employee relationship....more
With a steady decline in private sector unionization and a lack of political muscle to change the National Labor Relations Act (“Act”), organized labor in the Obama era relied heavily on decisional rulings from the National...more
Private sector union membership has steadily dropped over the past 40 years, from almost 25% of the eligible workforce in the mid-1970s to approximately 6% today. In 2014, organized labor was hopeful that this trend would be...more
Since 1982, the National Labor Relations Board (“NLRB” or “Board”) has interpreted the National Labor Relations Act (“NLRA”) to prohibit employers from denying non-employee union organizers access to those parts of the...more
Under the National Labor Relations Act (NLRA), groups of employees are allowed to determine whether they wish to be represented by a union for purposes of collective bargaining, which sometimes results in businesses having...more
The National Labor Relations Act (NLRA or the Act) gives employees in the private sector the right to form and join unions and to collectively bargain with employers. It also gives employees the right “to engage in other...more
Class action lawsuits against employers have steadily increased both in number and in dollar value over the past two decades. These lawsuits cost employers millions, often for technical or minor violations spread over many...more
Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This...more
Most collective bargaining agreements contain “management rights” provisions that many employers, unsurprisingly, believe grant them the right to manage their businesses without union interference. The National Labor...more
Many organizations use temporary employment services to provide or supplement their workforce. Such arrangements allow an organization to focus on its core strengths and activities while maintaining access to workers as...more
7/19/2016
/ Bargaining Units ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Community of Interest ,
Corporate Counsel ,
Employer Liability Issues ,
Joint Employers ,
NLRB ,
Staffing Agencies ,
Temporary Employees ,
Unions
With private sector union representation at historic lows – just 6.7% of the workforce – many employers have given little thought to how they would respond to a union organizing petition. However, two legal developments, one...more
The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for...more
9/1/2015
/ Collective Bargaining ,
Employer Liability Issues ,
Franchise Agreements ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Master Service Agreement ,
NLRA ,
NLRB ,
Staffing Agencies ,
Subcontractors ,
Supervision ,
Terms and Conditions ,
Wages