Imagine a frustrated union organizer having a hard time persuading a group of employees to sign cards. That organizer will undoubtedly be delighted to learn that on August 30, the Occupational Safety and Health Administration...more
On August 2, 2023, the National Labor Relations Board (NLRB or the Board) decided a case called Stericycle, Inc. This case is the latest in what has been a continued effort to roll back precedents set under the Trump...more
On May 18, 2023, the National Labor Relations Board’s (the Board) regional director in Region 31 issued a complaint against the National Collegiate Athletic Association (NCAA), the Pac-12 Conference, and the University of...more
On February 21, 2023, the National Labor Relations Board (the Board) issued a decision that reversed the precedent established during the Trump administration and held that severance agreements that include non-disparagement...more
When is your property not entirely really your own? Well, the National Labor Relations Board (the Board) ended the week by giving an answer not many employers will like. On Friday, December 16, 2022, the Board issued a 3-2...more
It is not easy to set aside many years of tradition and begin thinking of athletes as employees. But, for Division 1 schools, the day may have arrived. In October 2021, we issued an Alert in which we explained that the NLRB’s...more
On September 29, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC-21-08, in which she explained her position that the NLRB will consider many scholarship athletes to be “employees” under the National Labor Relations...more
On April 27, 2021, President Biden issued two executive orders that have the potential to significantly impact employers. One of these orders establishes a White House Task Force on “Worker Organizing and Empowerment.”...more
NLRB withdraws proposed rule intended to benefit private colleges and universities: The March 15, 2021 Federal Register contained an unwelcome surprise for private colleges and universities. The National Labor Relations Board...more
On March 25, the Senate passed a bill over 800 pages in length that provides approximately two trillion dollars in stimulus money. In large part, the bill has been described as an essential aid to businesses in distress...more
3/27/2020
/ CARES Act ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Duty to Bargain ,
Employer Liability Issues ,
Employer Responsibilities ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions ,
Workplace Safety
The COVID-19 crisis raises issues regarding nearly every aspect of the employment relationship. For employers with union-represented employees, the rights of employees and obligations of employers set forth in the National...more
Reed College has been directed to permit a subset of its student workers (known as Housing Advisers or HAs) to hold an election to form a union. Reed College opposed an election arguing that: 1) HAs cannot meet the statutory...more
The joint employer standard, which is used to determine the extent to which one employer may become liable for obligations of another, has long been a very politically-charged issue. It therefore comes as no surprise that...more
12/21/2017
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Franchisee ,
Franchisors ,
Independent Contractors ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Unions ,
Wage and Hour