The election season promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that the...more
9/12/2024
/ Appearance Policy ,
Corporate Counsel ,
Dress Codes ,
Employee Rights ,
Employment Policies ,
First Amendment ,
Free Speech ,
Human Resources Professionals ,
NLRA ,
NLRB ,
Political Campaigns ,
Political Expression ,
Political Speech ,
Presidential Elections ,
Social Media Policy
Private colleges and universities employing student workers face the unique challenge of balancing privacy obligations and a growing push from federal labor authorities to release student information to unions. Recent...more
8/14/2024
/ Colleges ,
Consent ,
Educational Institutions ,
Employment Policies ,
Employment Records ,
FERPA ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Personally Identifiable Information ,
School Policies ,
Student Employees ,
Student Privacy ,
Student Records ,
Union Request for Information ,
Unions ,
Universities
SpaceX is challenging whether the National Labor Relations Board should continue to exist as we know it. In two separate lawsuits, the aerospace company has asked a federal court to strike down the agency’s structure as...more
7/18/2024
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article II ,
Constitutional Challenges ,
Due Process ,
NLRA ,
NLRB ,
Popular ,
Right to a Jury ,
Separation of Powers ,
SpaceX ,
Unfair Labor Practices
The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific...more
The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said...more
6/14/2024
/ Corporate Counsel ,
Employment Litigation ,
Hiring & Firing ,
Injunctive Relief ,
Labor Disputes ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Reinstatement ,
SCOTUS ,
Starbucks ,
Starbucks Corp. v McKinney ,
Statutory Interpretation ,
Unfair Labor Practices ,
Union Organizers ,
Unions
The National Collegiate Athletic Association is on the verge of settling a major antitrust lawsuit that may radically alter the equation when it comes to student-athlete employment. The pending settlement in House v. NCAA...more
5/28/2024
/ Antitrust Litigation ,
Back Pay ,
College Athletes ,
Colleges ,
Compensation ,
Minimum Wage ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
Over-Time ,
School Sports ,
Student Athletes ,
Universities ,
Wage and Hour
In a case before the Supreme Court, Starbucks says it fired several employees for violating valid company policies — but the National Labor Relations Board convinced a lower court to reinstate the employees while a legal...more
4/18/2024
/ Corporate Counsel ,
Employment Litigation ,
Hiring & Firing ,
NLRA ,
NLRB ,
Oral Argument ,
Preliminary Injunctions ,
Starbucks ,
Unfair Labor Practices ,
Union Organizers ,
Unions
A National Labor Relations Board Regional Director recently ruled that non-scholarship college basketball players are “employees” under federal labor law, setting the table for a potential seismic shift in the way your...more
The Supreme Court delivered welcome news yesterday to employers seeking to sue and recover economic damages from labor unions, ruling that federal labor law does not prevent them from filing state law claims for intentional...more
6/2/2023
/ Damages ,
Federal Labor Laws ,
Glacier Northwest v International Brotherhood of Teamsters ,
NLRA ,
Preemption ,
Property Damage ,
Remand ,
Reversal ,
SCOTUS ,
State Law Claims ,
Strike ,
Unions
NLRB General Counsel Jennifer Abruzzo just took another big step in the continuing saga surrounding college sports by filing a complaint seeking to have student-athletes classified as employees under the National Labor...more
The Supreme Court recently heard arguments in a case that could make it easier for employers to sue and recover damages from labor unions that damage an employer’s property during a strike. The issue before SCOTUS in Glacier...more
A nascent “advocacy” group just opened the first front in the newest battle over the status of collegiate student-athletes under the National Labor Relations Act. The College Basketball Players Association filed a one-line...more
11/16/2021
/ Basketball ,
College Athletes ,
Colleges ,
Labor Law Violations ,
Misclassification ,
NCAA ,
NLRA ,
NLRB General Counsel ,
Student Athletes ,
Unfair Labor Practices ,
Universities
The National Labor Relations Board (NLRB) announced today its intent to publish a proposed “Election Protection Rule” that would amend regulations governing the filing and processing of petitions for secret ballot union...more
8/12/2019
/ Collective Bargaining Agreements (CBA) ,
Construction Industry ,
Corporate Counsel ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Proposed Amendments ,
Proposed Rules ,
Public Comment ,
Trump Administration ,
Unfair Labor Practices ,
Union Elections ,
Unions
In a unanimous opinion, a federal appeals court just rejected the National Labor Relations Board’s “subgroup majority status rule” for determining when college and university faculty members are to be deemed managers and...more
The National Labor Relations Board just restored stability for employers attempting to maintain the status quo following the expiration of a collective bargaining agreement. In the spirit of giving, outgoing NLRB Chairman...more