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
In Glacier Northwest v. International Brotherhood of Teamsters Local No. 174, the U.S. Supreme Court held—in a near-unanimous opinion earlier this month—that the National Labor Relations Act (NLRA) did not preempt a company’s...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
On March 15, 2023, the Chicago City Council overwhelmingly voted to approve an ordinance requiring labor peace agreements between workers and Chicago-funded nonprofit organizations providing critical public health and social...more
4/6/2023
/ City of Chicago ,
Contractors ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Illinois ,
Labor Reform ,
Labor Relations ,
Local Ordinance ,
Public Health Service (PHS) ,
Social Services ,
Tax Exempt Entities ,
Unions
Happy New Year! Several employment laws became effective January 1, 2023, and our team at Franczek P.C. has compiled them in its new Labor & Employment Law Legislative Update, focused on new laws in effect in 2023. The new...more
1/10/2023
/ Collective Bargaining ,
Employee Rights ,
Employer Liability Issues ,
Hairstyle Discrimination ,
Illinois ,
Labor Reform ,
Labor Relations ,
Minimum Wage ,
State Constitutions ,
State Labor Laws ,
Unions ,
Wage and Hour ,
Work Schedules
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 a 6-3 decision, the U.S. Supreme Court, in a decision issued on June 23, 2021 struck down a California state law requiring agricultural employers to grant union organizers access to their property. The Court determined the...more
6/30/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
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 thirteen, the Biden administration’s labor and employment activity includes the nomination for the Assistant Secretary of Disability and Employment Policy at the Department of Labor (DOL); the Senate committee vote on...more
4/20/2021
/ Administrative Appointments ,
Biden Administration ,
Collective Bargaining ,
Department of Labor (DOL) ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
Minimum Wage ,
Regulatory Agenda ,
Small Business ,
Unions ,
Wage and Hour
In week eight, the Administration’s labor and employment activity includes the passage of the $1.9 trillion COVID-19 relief bill, the House’s passage of the PRO Act labor law reform bill, and the upcoming Senate confirmation...more
3/15/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
Labor Reform ,
Minimum Wage ,
New Legislation ,
Paid Time Off (PTO) ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Unions ,
Wage and Hour
In week six, the Administration’s labor and employment activity includes a major roadblock to the $15 federal minimum wage increase, an extension of unemployment benefits by the DOL, and unexpected silence by the...more
3/1/2021
/ Amazon Marketplace ,
Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Minimum Wage ,
Unemployment Insurance ,
Unions ,
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
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
With the NFL season just beginning, and Tom Brady leading the New England Patriots to victory over the Steelers, we decided to provide you with a bit of football-inspired labor law. On September 3, 2015, Judge Robert Berman...more
9/14/2015
/ Arbitration ,
Arbitration Awards ,
Collective Bargaining ,
Deflategate ,
ESPN ,
Football ,
New England Patriots ,
NFL ,
Tom Brady ,
Union Representatives ,
Unions ,
Willful Misconduct ,
Work Suspensions