The Supreme Court late Thursday permitted the Trump administration to bar former Democrat NLRB Member Gwynn Wilcox from her former position on the Board while the larger battle plays out about whether the President has the...more
Chief Justice John Roberts just ensured that President Trump’s unprecedented termination of Democrat NLRB member Gwynne Wilcox will stand for now – and it appears the battle could be heading to a final conclusion in the...more
4/10/2025
/ Appeals ,
Constitutional Challenges ,
Employment Litigation ,
Executive Authority ,
Judicial Authority ,
Judicial Review ,
Labor Relations ,
NLRA ,
NLRB ,
Quorum ,
Reinstatement ,
Removal ,
SCOTUS ,
Stays ,
Termination ,
Trump Administration
A series of game-changing moves from the White House have left employers struggling to understand the lay of the land when it comes to the nation’s labor law. Even though it might feel like we’re entering unchartered...more
2/5/2025
/ Best Practices ,
Collective Bargaining ,
Corporate Counsel ,
Employee Rights ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Trump Administration ,
Unfair Labor Practices ,
Unions
In a series of swift and game-changing moves, President Donald Trump summarily dismissed National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo and Board Member Gwynne Wilcox late Monday night. While Abruzzo’s...more
Our Labor Relations thought leaders have pulled together their top predictions for the new year so that employers can get a running start to 2025....more
Just days into the newest Congressional session, a key Republican Senator shocked many employers by pushing for a law that would significantly tilt the playing field to the benefit of unions and labor advocates. Senator Josh...more
1/13/2025
/ Collective Bargaining ,
Employer Liability Issues ,
Employment Policies ,
Labor Reform ,
NLRA ,
NLRB ,
Notice Requirements ,
Posting Requirements ,
Proposed Legislation ,
Quickie Election Rules ,
Union Elections ,
Union Organizers ,
Unions ,
Workplace Injury ,
Workplace Safety
The country’s first unionized college basketball team is no more. After making history just under a year ago, the union representing Dartmouth College men’s basketball players withdrew its petition on December 31 and will no...more
In a significant move, the National Labor Relations Board (NLRB) just overruled a Trump-era ruling and made it more challenging for unionized employers to make workplace changes without bargaining over the change with the...more
The National Labor Relations Board just banned mandatory employee meetings for purposes of discussing the subject of union representation – so-called “captive audience” meetings – and placed new restrictions on an employer’s...more
In a groundbreaking decision, the National Labor Relations Board (NLRB) just tightened restrictions on what employers can say to workers about the impact of unionization, overturning a 40-year-old standard and raising the bar...more
In a rare rebuke of its own General Counsel, the National Labor Relations Board has rejected an invitation to flip-flop on its own precedent and will instead continue to apply a simple, bright-line test when determining...more
10/2/2024
/ Colleges ,
Educational Institutions ,
Exemptions ,
FERPA ,
Joint Employers ,
Jurisdiction ,
NLRB ,
Religious Institutions ,
Religious Schools ,
Student Employees ,
Unfair Labor Practices ,
Universities
A new labor regulation is set to take effect on September 30 that could make it harder for workers to undo union representation. In a long-anticipated move, the National Labor Relations Board (NLRB) ditched agency rules...more
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
The controversial joint employer rule that would have made it far easier for workers to be considered employees of more than one entity is now dead once and for all – but that doesn’t mean employers should let their guard...more
The National Labor Relations Board just ditched three Trump-era rules that had made it easier for workers to undo union representation. In a long-anticipated move, the NLRB issued a new regulation Friday scrapping agency...more
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
The new union representation process installed by the National Labor Relations Board unsurprisingly led to an astronomical increase in election petitions filed in the first half of FY 2024. The Labor Board also saw a...more
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
In an eleventh-hour decision, a federal court judge in Texas just struck down the Labor Board’s controversial joint employer rule right before it was set to take effect on Monday. The NLRB had aimed to make it far easier for...more
The National Labor Relations Board just ruled that a national retailer must allow customer-facing employees who want to write “Black Lives Matter” on their uniforms to do so – and may have opened Pandora ’s Box when it comes...more
2/23/2024
/ Corporate Counsel ,
Dress Codes ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRB ,
Political Expression ,
Political Speech ,
Protected Concerted Activity ,
Unfair Labor Practices ,
Uniforms