The U.S. Department of Labor (DOL) has announced a Notice of Proposed Rulemaking to amend its regulations to allow employee-authorized third-party representatives to accompany Occupational Safety and Health Administration...more
The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023)....more
5/11/2023
/ Abusive Acts ,
Collective Bargaining ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Misconduct ,
Federal Contractors ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Subcontractors ,
Unfair Labor Practices ,
Unions
1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher...more
9/12/2022
/ Collective Bargaining ,
Compensation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Legal Fees ,
NLRB ,
Reimbursements ,
Teamsters ,
Unions ,
Wage and Hour ,
Willful Misconduct
1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...more
4/12/2022
/ Arbitration ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
NPRM ,
Reimbursements ,
Unfair Labor Practices ,
Union Dues ,
Unions ,
Wage and Hour
1. The National Labor Relations Board General Counsel’s office is advocating for overturning Trump-era Board cases defining the scope of National Labor Relations Act-protected activity. In a brief filed on January 14, The...more
2/7/2022
/ Administrative Law Judge (ALJ) ,
Bureau of Labor Statistics ,
Collective Bargaining ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Foreign Workers ,
Memorandum of Understanding ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unions
1. The National Labor Relations Board (NLRB) announced on Dec. 10 that it will again revisit its joint employer standard. The agency’s 2022 regulatory agenda includes plans to engage in the formal rulemaking process on the...more
President Joe Biden has nominated union-side attorney Gwynne Wilcox to fill a vacant seat on the National Labor Relations Board (NLRB). Wilcox is a partner at the union-side labor and employment firm Levy Ratner P.C. Among...more
6/16/2021
/ Arbitration ,
Boeing ,
Collective Bargaining Agreements (CBA) ,
Credit Unions ,
Department of Labor (DOL) ,
Employee Rights ,
Joe Biden ,
NLRA ,
NLRB ,
Nominations ,
Reporting Requirements ,
Unions ,
Wage and Hour
1. President Joe Biden summarily removed National Labor Relations Board (NLRB) General Counsel (GC) Peter Robb from office on January 20, 2021, and removed Robb’s deputy, Alice Stock the following day. On January 25, 2021,...more
3/1/2021
/ Bureau of Labor Statistics ,
Department of Labor (DOL) ,
Financial Reporting ,
Joe Biden ,
Minimum Wage ,
NLRB ,
NLRB General Counsel ,
Nominations ,
Secretary of Labor ,
State Labor Laws ,
Unions ,
Wage and Hour
Union Organizers Weigh In On What Ails Unions-
Union membership in the United States has dropped to about 6.5% of private sector workers, after peaking at about 35% in the 1970s. Yet, Gallup polls show steadily increasing...more
As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of...more
11/10/2020
/ Affordable Care Act ,
Arbitration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Immigration ,
Joe Biden ,
NLRB ,
Sexual Stereotyping ,
STEM
1. The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more
9/21/2020
/ Administrative Law Judge (ALJ) ,
Boeing ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Federal Labor Laws ,
Furloughs ,
Layoffs ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Social Media ,
State Labor Laws ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
1. The National Labor Relations Board (NLRB) modified its standard for determining whether an employer may lawfully discipline an employee for abusive or offensive statements and conduct in the context of activity otherwise...more
8/13/2020
/ Browning-Ferris Industries of California Inc. ,
Confidential Information ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Employee Handbooks ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
General Motors ,
Joint Employers ,
NLRB ,
Off-Duty Employees ,
Offensive Language ,
Terms and Conditions ,
Wage and Hour ,
Workplace Bullying
1.The National Labor Relations Board (NLRB) has restored a unionized employer’s right to unilaterally discipline or discharge an employee prior to executing a first collective bargaining agreement. 800 River Road Operating...more
The National Labor Relations Act (NLRA) and the National Labor Relations Board (NLRB) will be 85 years old on July 5, 2020.
On July 5, 1935, the Wagner Act was signed into law by President Franklin Roosevelt. That law gave...more
According to an analysis by Bloomberg Law Daily Labor Report, the Teamsters Union lost almost 65,000 members in 2019, the largest decline in the union’s membership in 20 years. The Service Employees International Union (SEIU)...more
Pursuant to a controversial new rule passed by the U.S. Department of Labor (DOL), “Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization Is Interested,” unions must disclose how certain...more
1.The National Labor Relations Board (NLRB) ruled that a private-sector union may not require non-member objectors (known as Beck objectors) to pay for its political lobbying expenses. United Nurses and Applied Professionals...more
Once again, the percentage of private sector union-represented workers fell – to 6.4% in 2018, from 6.5% in 2017, according to the Bureau of Labor Statistics of the U.S. Department of Labor.
Highlights from the “Union...more
1.Business lobbyists reportedly are urging the Trump Administration to not re-nominate National Labor Relations Board (NLRB) Member Mark Gaston Pearce (D) for a third term. Pearce’s term at the five-member Board is scheduled...more
8/22/2018
/ Corporate Counsel ,
Department of Labor (DOL) ,
Email ,
Employer Liability Issues ,
Hiring & Firing ,
LMRDA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Persuader Rules ,
Purple Communications ,
Section 7 ,
Trump Administration
The U.S. District Court for the Northern District of Texas, Lubbock Division, has converted its nationwide preliminary injunction, issued on June 27, 2016, against the U.S. Department of Labor’s “persuader” rule into a...more
The U.S. District Court for the Northern District of Texas, Lubbock Division, has issued a nationwide preliminary injunction against the U.S. Department of Labor’s “persuader” rule promulgated under the Labor-Management...more