On September 27, 2021, California Governor Gavin Newsom signed Senate Bill 646 (“SB 646”), which creates a limited exception from the Private Attorneys General Act of 2004 (“PAGA”) for certain janitorial employees performing...more
From time to time, employers trigger labor disputes when they make unilateral changes in working conditions. Unions objecting to such changes often complain to the NLRB, claiming a change to be mandatory bargaining subjects...more
The National Labor Relations Act (“NLRA”) is a federal law that applies to nearly all employers in the United States. In the wake of COVID-19, there are numerous issues implicating the NLRA, including but not limited to...more
The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more
1/3/2020
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Arbitration Agreements ,
Babcock & Wilcox Construction ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Disciplinary Proceedings ,
Employment Contract ,
Filing Grievances ,
Grievance Process ,
Hiring & Firing ,
Labor Law Violations ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions ,
UPS ,
Wrongful Termination
The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more
12/23/2019
/ Caesars ,
Collective Bargaining Agreements (CBA) ,
Confidential Information ,
Electronic Communications ,
Email ,
Email Policies ,
Employee Rights ,
Employer Rights ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Activity ,
Purple Communications ,
Unfair Labor Practices ,
Union Dues ,
Unions ,
Workplace Communication ,
Workplace Investigations
A flurry of critical cases have issued out of the NLRB over the past two weeks. The latest is the Board’s decision in MV Transportation, 368 NLRB No. 66 (2019), and the Board’s decision provides critical cover to employers...more
9/12/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Interpretation ,
Contract Terms ,
Employer Liability Issues ,
Good Faith ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unilateral Modification ,
Unions ,
Waivers ,
Working Conditions
Unionized workers wishing to rid themselves of continued union representation (and their employers) just got some very good news from the National Labor Relations Board (NLRB or Board) with the issuance of Johnson Controls,...more
Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees who are covered by a collective bargaining...more
6/6/2019
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Disparate Treatment ,
Employer Liability Issues ,
Labor Relations ,
NLRA ,
NLRB ,
Non-Union ,
Paid Leave ,
Protected Concerted Activity ,
Unions ,
Wage and Hour
The circumstances under which an asset buyer has a duty to bargain with an incumbent union may be changing. In NLRB v. Burns Security Services, Inc., 406 U.S. 272 (1972), the Supreme Court held that an employer who purchases...more
4/10/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Duty to Bargain ,
Employer Liability Issues ,
Employment Terms ,
Exceptions ,
Hiring & Firing ,
NLRA ,
NLRB ,
Successors ,
Unions
On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more
4/27/2018
/ Appeals ,
Boeing ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Employee Handbooks ,
Employee Rights ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Off-Duty Employees ,
Presidential Appointments ,
Protected Concerted Activity ,
Title VII ,
Trump Administration ,
Unions