On May 14, 2024, the United States District Court for the District of Massachusetts granted a petition for interim injunctive relief under Section 10(j) of the National Labor Relations Act (“NLRA”) that was filed by the...more
As we previously reported and discussed here, the Cemex Construction Materials Pacific, LLC ruling has dramatically changed the threshold that will prompt the National Labor Relation Board (“NLRB”) to issue mandatory...more
10/23/2023
/ Collective Bargaining ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
On August 30, 2023, the National Labor Relations Board (the “Board”) released a pair of decisions: Wendt Corporation, 372 NLRB No. 135 (2023) and Tecnocap, LLC, 372NLRB No. 136 (2023), overruling different aspects of the 2017...more
On March 20, 2022, National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo issued a memorandum to all Regional Directors, Officers-in-Charge, and Resident Officers updating the cases they are...more
As we previously predicted, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in American Steel Construction, Inc. (available...) and yet again overruled another case decided under the Trump...more
The constant fluctuations in precedent at the National Labor Relations Board (“NLRB” or the “Board”) continue as the Board overrules another case decided under the Trump Administration. This time the NLRB has set its sights...more
On October 12, 2019, Governor Newsom signed Assembly Bill 1291 (“AB 1291”) into law, which requires companies to sign a so-called “labor peace” agreement with a union or risk losing their cannabis license; thereby,...more
10/24/2019
/ Business & Professions Code ,
Collective Bargaining ,
Corporate Counsel ,
Employer Liability Issues ,
Marijuana ,
Marijuana Related Businesses ,
NLRA ,
NLRB ,
Preemption ,
State and Local Government ,
State Labor Laws ,
Supremacy Clause ,
Unfair Labor Practices ,
Union Organizers ,
Union Representatives ,
Unions
While bargaining, unions often demand that employers produce information relevant to the bargaining process so that the union may fulfill its duties as bargaining representative. Under the law and absent some compelling...more
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
UberX and UberBLACK Drivers Are Not Employees for Purposes of the NLRA -
According to the NLRB General Counsel’s Division of Advice (GC), Uber’s UberX and UberBLACK drivers are independent contractors exempt from the...more
7/3/2019
/ Antitrust Violations ,
Collective Bargaining ,
Delivery Drivers ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Federal v State Law Application ,
Gig Economy ,
Independent Contractors ,
Local Ordinance ,
Misclassification ,
NLRA ,
NLRB ,
State Labor Laws ,
Uber ,
Wage and Hour
A unionized employer must bargain with its employees’ union before making any unilateral changes in employees’ wages, hours, working conditions or other terms and conditions of employment. Such changes are commonly referred...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
A California Superior Court judge recently issued an order granting the Service Employees International Union’s (“SEIU”) petition for writ of mandate under the California Public Records Act (“CPRA”) and ordered the California...more
5/18/2018
/ California Privacy Rights Act (CPRA) ,
CDPH ,
Collective Bargaining ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Invasion of Privacy ,
Labor Relations ,
Licensees ,
Long Term Care Facilities ,
Material Dissemination ,
NLRA ,
NLRB ,
Personally Identifiable Information ,
Petition for Writ of Mandate ,
SEIU ,
Skilled Nursing Facility ,
Union Organizers ,
Unions
On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more
3/5/2018
/ Appeals ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Conflicts of Interest ,
Deregulation ,
Employer Liability Issues ,
Enforcement ,
Ethics ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Policies ,
NLRA ,
NLRB ,
Oral Argument ,
Pending Legislation ,
Petition for Review ,
Regulatory Reform ,
Remand ,
Staffing Agencies ,
Terms and Conditions ,
Unions ,
Vacated ,
Wage and Hour
On November 14, 2017, the National Labor Relations Board (“Board”) overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”) and returned to the pre-BFI standard that governed joint employer liability. Hy-Brand...more
The House Education and the Workforce Committee held a joint subcommittee hearing last week to analyze the “Save Local Business Act” (H.R. 3441 – Byrne), a measure that would amend the National Labor Relations Act and the...more