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Construction Employers Beware: New, Easier Union Representation Process

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including construction employers, without a secret ballot election.  Initially, it is important to understand that this new...more

Manufacturers Beware: New, Easier Union Representation Process

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including manufacturers, without a secret ballot election.  The NLRB’s new standard (announced in Cemex Construction...more

NLRB GC Files Complaint Alleging USC’s Football and Basketball Players are Employees

Are Division I athletes who play football and basketball “student-athletes” or “employees”? The National Labor Relations Board’s General Counsel (GC) has filed a complaint against the NCAA, the PAC-12, and the University of...more

Recent NLRB Decision Requires Union Access to Parts of Asset Purchase Agreement

In a recent decision, the National Labor Relations Board (NLRB) determined that a hospital violated its duty to bargain when it failed to provide the union representing some of its workers with certain documents related to...more

Important Considerations for Connecticut Employers in Anticipation of Election Day

The 2022 midterm elections in the United States are just around the corner, on November 8. Midterm elections generally decide which political party controls the United States Congress as well as state legislatures and...more

Unions Are Adding Some Heat in the Kitchen for Food & Beverage Employers

Currently, Americans view labor unions more favorably than they have in decades, leading to an increase in union activity. The National Labor Relations Board (NLRB) reported that for the first six months of fiscal year 2022...more

Union Representation Petitions Are Up 57 Percent, but That’s Not All!

Americans view labor unions more favorably than they have in decades, and the recent shift in support seems to be yielding results. The private sector unionization rate was just 6.1 percent in 2021, and Union membership in...more

Pre-Dispute Arbitration Agreements and Class Action Waivers Now Invalid and Unenforceable for Sexual Harassment and Sexual Assault...

On March 3, 2022, President Biden signed into law H.R. 4445 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The legislation passed Congress with bipartisan support. The #MeToo-inspired bill is...more

Considerations for Employers Thinking about COVID-19 Vaccine Mandates

Since the beginning of the COVID-19 pandemic, employers have dealt with many challenges related to ensuring a safe and healthy workplace for their employees. With the persistence of the highly transmissible Delta and Delta...more

Status of Noncompete Agreements in 2021: Consider Alternatives to Protect Your Business Interests

Post-employment restrictions, including noncompete agreements, have become an increasingly popular tool for protecting business investments; confidential information; client, customer and employee relationships; and goodwill....more

U.S. House Passed the PRO Act: How It Could Affect the Future of Labor Law

On March 9, 2021, the United States House of Representatives passed the Protecting the Right to Organize (PRO) Act. The PRO Act (the Act), if it becomes law, would make vast, union-friendly changes to the National Labor...more

NLRB General Counsel: Pandemic Not a Reason to Bypass the National Labor Relations Act

On September 18, 2020, the National Labor Relations Board’s (NLRB) General Counsel (GC) issued a memorandum providing broad guidance reminding employers of their obligations under the National Labor Relations Act (Act),...more

NLRB Draws a Line: Polite Picket Lines, Civil Social Media and Courteous Complaining

Employers are increasingly aware that an inclusive workplace is synonymous with one that does not tolerate abusive conduct, personal attacks or any form of harassment, especially harassment that is based on an employee’s...more

NLRB Pursues Rulemaking to Address Joint-Employer Standard

Companies attempting to determine whether they are joint employers of certain workers under the National Labor Relations Act (Act) have been confronted with a shifting landscape during the past few years as the National Labor...more

October 1, 2017: Connecticut Employers Subject to New Law Protecting Pregnant Employees

Connecticut has joined a growing trend of states and municipalities expanding the protections afforded to pregnant employees and applicants. Connecticut’s new law, effective October 1, 2017, entitled An Act Concerning...more

HR Managers May Be Held Personally Liable for FMLA Violations, and Second Circuit Formally Adopts Tests for FMLA Interference and...

In Graziadio v. Culinary Institute of America, the United States Court of Appeals for the Second Circuit1 ruled that a human resources director could be personally liable as an “employer” for violating an employee’s rights...more

Comingling of employee and patient data compromises employer’s HIPAA defense to employee’s claim of discharge for union activity

An administrative law judge (ALJ) of the National Labor Relations Board has concluded that a health care employer’s use of its medical records software to store employee contact information allowed an employee to access that...more

NLRB to define an employer’s duty to a labor union following a data breach

In October 2014, the United States Postal Service (USPS) disclosed a cybersecurity data breach affecting approximately 800,000 current and former employees. The USPS later determined that, for some, the breach may have...more

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