The General Counsel for the National Labor Relations Board (“Board’) issued a Memorandum on May 30th delineating her position that noncompete agreements interfere with an employee’s rights under Section 7 of the National...more
On February 21, 2023, the National Labor Relations Board (the “Board”) released its decision in McLaren Macomb and Local 40 RN Staff Council, Office and Professional Employees, International Union (OPEIU), AFL–CIO (McLaren)....more
We all saw it live or on social media – Will Smith slapped Chris Rock during an Oscars on-stage moment that was unforgettable. Smith reacted to a joke that Rock expressed about Jada Pinkett Smith’s bald head. What either was...more
This blog post is designed to provide some fresh ideas for managing your workforce by sharing stories I have learned from my father over the years. It is a bittersweet time to write this. My father is 95 years old, in a...more
Just in time for the holidays, the National Labor Relations Board (NLRB) General Counsel, Jennifer Abruzzo (GC Abruzzo), has revealed her hand on two specific and oft-debated issues to be taken up by the Board in 2022. While...more
As a young child, I never really knew what my father did for a living. At the dinner table, I constantly heard about “strike” this and “strike” that. I thought he was a baseball umpire or a newspaper editor. Alas, I learned...more
The post-COVID-19 workplace is here. Those of us who had established physical places of work are returning to our physical workspaces or the return is on the horizon. For many, the return will feel awkward at first, but my...more
Presenters will provide recent legal developments, trends and cases that impact workplace practices and operations; issues related to Covid will be incorporated throughout the presentations. Programming will be presented in...more
5/25/2021
/ Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Human Resources Professionals ,
Medical Marijuana ,
Wage and Hour ,
Webinars ,
Workplace Injury ,
Workplace Safety
The National Labor Relations Act allows workers to form unions and negotiate job terms and conditions with their employers. In normal circumstances, workers vote on whether to unionize via physical, in-person elections...more
American business has been preparing to return to normal operations, with some tweaking due to COVID-19-related governmental guidelines, for weeks. Owners, managers and supervisors are being (or should be) trained about...more
With the process of allowing non-essential businesses to reopen beginning, businesses are being confronted with numerous complex and inter-related questions on how to best proceed with restarting operations. This process will...more
Closing out 2019, the National Labor Relations Board (NLRB or the Board) issued two final opinions that will reverse employee-friendly decisions. The two opinions - Apogee Retail LLC d/b/a Unique Thrift Store (Apogee) and...more
12/30/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Confidential Communications ,
Email ,
Email Policies ,
Information Technology ,
Internal Investigations ,
Labor Relations ,
NLRA ,
NLRB ,
Obama Administration ,
Protected Concerted Activity ,
Purple Communications ,
Section 7 ,
Union Organizers ,
Unions
The National Labor Relations Board (the Board) continues to modify the way employers, unions and employees view and relate to each other in the workplace. In two decisions right before Labor Day, the Board strengthened...more
9/5/2019
/ Employee Definition ,
Independent Contractors ,
Misclassification ,
NLRB ,
Off-Duty Employee Access ,
Off-Duty Employees ,
Property Ownership ,
Protected Activity ,
Right to Restrict ,
Section 7 ,
Unfair Labor Practices ,
Unions
On August 12, the National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking to modify three parts of its election procedures. This rulemaking would amend the Board’s blocking charge policy,...more
8/15/2019
/ Collective Bargaining ,
Comment Period ,
Construction Industry ,
NLRB ,
Notice and Comment ,
NPRM ,
Proposed Amendments ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Elections ,
Unions
The Third Circuit Court of Appeals recently issued an opinion that should serve as a warning not only to employers, but to their corporate officers. The case against Altor, Inc., a New Jersey-based construction company, began...more
Today, August 10, 2018, Massachusetts Governor Charlie Baker signed into law a comprehensive economic development act which amends the Massachusetts General Laws Chapter 149 to create a new Section 24L, which will impose...more
Nearing the end of its term, the United States Supreme Court put an exclamation point on its spate of business-friendly decisions. On June 27, 2018, the Court held that public-sector workers who are not union members cannot...more
6/28/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
On May 21, 2018, the United States Supreme Court upheld the validity of mandatory arbitration clauses that preclude class actions. In Epic Systems Corporation v. Lewis, the Court found that these mandatory arbitration...more
5/24/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS