What happens when the NLRB asks a federal court to remand a case back to the board based on a new case holding to interpret the matter before it, the court does so, and then the board pulls a “bait and switch” to flat out...more
If you don’t already know, Starbucks has been in a pretty big labor dispute, and there are bound to be lessons for all of us. If your company has internal documents about relations with prospective unions, you may have to...more
Are PhD students at a private university who also teach courses and grade papers – tasks that are a part of their development but also certainly assist the university – employees who can unionize? The NLRB said yes for a...more
7/19/2023
/ College Athletes ,
Department of Labor (DOL) ,
Employees ,
Graduate Students ,
Independent Contractors ,
NLRB ,
Private Schools ,
State Labor Laws ,
Student Athletes ,
Student Employees ,
Unions
If the NLRB finds that you have committed an unfair labor practice (and maybe more than once), just what can it do? In Noah’s Ark Processors, a three-member panel of the board recently took an opportunity to pronounce...more
In Glacier Northwest, Inc. v. Int’l Brotherhood of Teamsters Local Union 174, the Washington Supreme Court addressed the issue of whether a union is responsible for property damage incident to a strike. How does that issue...more
Joining two other circuit courts, the 6th Circuit concluded that employers cannot take advantage of class action and collective action waivers as part of employment arbitration agreements....more
Now that the election is over, many clients and friends are asking what labor and employment law might look like under the soon to be President Trump. Of course, no one can predict exactly what will happen in the coming term....more
11/22/2016
/ Affordable Care Act ,
Arbitration ,
Blacklist ,
Browning-Ferris Industries of California Inc. ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Bargaining Agreements (CBA) ,
DACA ,
Department of Labor (DOL) ,
E-Verify ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Arbitration Act ,
Federal Contractors ,
Federal Vacancies Reform Act ,
Form I-9 ,
Gender Identity ,
Health Insurance ,
Healthcare ,
Hiring & Firing ,
Immigrants ,
Immigration Reform ,
Joint Employers ,
Judicial Appointments ,
Labor Law Violations ,
LGBTQ ,
Marriage Equality ,
NLRA ,
NLRB ,
Obama Administration ,
OSHA ,
Parental Leave ,
Persuader Rules ,
Protected Class ,
Restroom Legislation ,
Right of First Refusal ,
Same-Sex Marriage ,
Sexual Orientation ,
Sick Leave ,
Transgender ,
Trump Administration ,
Unions ,
USCIS
An employee goes on television and maligns his bosses for a new company policy with half-truths—and his bosses fire him for disloyalty. Sounds justified, right? Wrong. A National Labor Relations Board (NLRB) decision...more
9/27/2016
/ Appeals ,
AT&T ,
Corporate Counsel ,
DirectTV ,
Grievance Process ,
Hiring & Firing ,
Labor Disputes ,
News Stories ,
NLRB ,
Protected Concerted Activity ,
Reputational Injury ,
Subjective Standard ,
Unfair Labor Practices ,
Wrongful Termination