On June 13, 2024, the Supreme Court held that the National Labor Relations Board (the “Board”) is subject to the same standard as any other litigant when it seeks a preliminary injunction in unfair labor practice cases. This...more
6/20/2024
/ Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Labor Relations ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Starbucks ,
Starbucks Corp. v McKinney ,
Unfair Labor Practices ,
Union Elections ,
Unions
On May 18, 2023, the National Labor Relations Board’s (NLRB) regional office in Los Angeles filed a complaint against the National Collegiate Athletic Association (NCAA), Pac-12 Conference, and the University of Southern...more
6/8/2023
/ Administrative Law Judge (ALJ) ,
College Athletes ,
Compensation & Benefits ,
Educational Institutions ,
Employee Definition ,
Enforcement Actions ,
Federal Labor Laws ,
Joint Employers ,
Labor Law Violations ,
NCAA ,
NLRB ,
University of Southern California (USC)
For more than a year, the Federal Trade Commission has been mulling on whether the federal government should regulate employee non-compete agreements. Traditionally, those agreements limit where and for whom an employee may...more
As expected, in the last month the National Labor Relations Board has continued to issue decisions that reverse Trump-era precedents and expand the protections available to employees and unions. In Noah’s Ark Processors, LLC...more
6/2/2023
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
Labor Law Violations ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Penalties ,
Regulatory Standards ,
Unions
As we’ve previously reported, the National Labor Relations Board (NLRB, or the Board) under the Biden administration has been issuing decisions that are more union-friendly and less favorable to employers. Earlier this month,...more
As we’ve previously reported, union organizing is on the upswing and the NLRB is beginning to issue decisions that reverse Trump-era precedents that were generally more favorable to employers. This is the first in what we...more
10/20/2022
/ Collective Bargaining Agreements (CBA) ,
Dues Checkoff ,
Employees ,
Federal Labor Laws ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
SCOTUS ,
Strike ,
Union Dues ,
Unions
Despite the always shifting pendulum of labor law, unionization rates in the private sector have decreased and remained low since the 1970’s. However, a recent surge of unionization efforts, coupled with unique economic...more
For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National...more
4/19/2022
/ Employee Rights ,
Employer Liability Issues ,
First Amendment ,
Free Speech ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Regulatory Agenda ,
Regulatory Standards ,
Unions
In the final week of first 100 days of, the Biden administration, significant labor and employment activity includes a Department of Labor (“DOL”) official and two judicial nominations sent to the Senate, a push from the DOL...more
4/29/2021
/ Administrative Appointments ,
Biden Administration ,
Department of Labor (DOL) ,
Labor Law Violations ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Minimum Wage ,
NLRB ,
Paid Time Off (PTO) ,
Strategic Enforcement Plan ,
Unions ,
Vaccinations ,
Wage and Hour
In week four, the Administration’s labor and employment activity includes further reversal of Trump era initiatives at the National Labor Relations Board (NLRB), including a move to protect “Scabby the Rat”, the nomination of...more
2/15/2021
/ Administrative Appointments ,
Biden Administration ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Minimum Wage ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unemployment Insurance ,
Unions ,
Wage and Hour
During the first 100 days of the new administration, each Friday we will be providing a run-down of significant initiatives and events that will impact employers. We already have much to report. President Biden hit the ground...more
1/22/2021
/ Administrative Appointments ,
Bias ,
Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OFCCP ,
Regulatory Reform ,
Workplace Safety
In Verizon New York, Inc. (Verizon), the National Labor Relations Board (Board) recently found that a work rule reserving the right for the company to monitor and/or search personal property, and a rule permitting the company...more
7/8/2020
/ Administrative Law Judge (ALJ) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Personal Property ,
Purple Communications ,
Section 7 ,
Security Checks ,
Unions
Recently, the U.S. Circuit Court of Appeals for the Ninth Circuit blocked the implementation of Seattle Ordinance 124968, which would allow drivers for ride-sharing apps such as Uber and Lyft to form unions, while a suit over...more
9/27/2017
/ Antitrust Provisions ,
Appeals ,
Gig Economy ,
Independent Contractors ,
Local Ordinance ,
Lyft ,
NLRA ,
NLRB ,
Price-Fixing ,
Sharing Economy ,
Uber ,
Union Organizers ,
Unions
Last week, a U.S. District Court Judge in Illinois ruled that an arbitration agreement signed by an Uber driver required arbitration on the issue of whether Uber drivers are employees or independent contractors before the...more
7/25/2017
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Mandatory Arbitration Clauses ,
Minimum Wage ,
Misclassification ,
NLRA ,
NLRB ,
Over-Time ,
Section 7 ,
Uber ,
Wage and Hour