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Legal Update: NLRB General Counsel Tries to Reconcile FERPA and the NLRA

As students in higher education flock toward unionization, private sector colleges and universities (educational institutions or institutions) are forced to reconcile the Family Educational Rights and Privacy Act’s (FERPA)...more

Cash for College Athletes, NIL Only Scratches the Surface

Allowing college athletes to be paid for their name, image, and likeness (NIL) has changed college sports, but several decisions that are due in the coming months could make college sports unrecognizable. First, several...more

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

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

As Unions Worm their Way into Apple, Inc., NLRB Alleges a ULP

Last month, the National Labor Relations Board issued a complaint alleging that Apple, Inc. committed an unfair labor practice by prohibiting union flyers in the breakroom while permitting non-union solicitations 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

The College Athlete Right to Organize Act – Labor Unions Enter the Pay-for-Play Debate

The debate about compensating college athletes has presented itself in many forms recently, including a recent argument before the United States Supreme Court. As that notion gains momentum, U.S. legislators have stepped in...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 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

Remember the Duty to Bargain When Planning Coronavirus Response!

As the United States continues to navigate the ongoing coronavirus pandemic and ensuing economic crisis, many employers are considering unprecedented action, such as altering their business model, implementing remote work...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

General Counsel Memorandum Maps New Direction for the National Labor Relations Board (NLRB)

On December 1, 2017, recently appointed General Counsel Peter B. Robb (“Robb”) of the National Labor Relations Board (“the Board”) issued a memorandum outlining the direction he intends to guide the prosecutorial arm of the...more

No Right to Union Representation for Non-Mandatory Participation in Peer Review Proceedings – DC Circuit Court Overrules NLRB

Most states, including Connecticut and Massachusetts, have laws that allow hospitals and other health care institutions to establish confidential peer review programs to oversee the quality of care provided by their health...more

General Counsel’s New Standard on Intermittent Strikes, Another Untenable Position for Manufacturers

On October 3, 2016, the National Labor Relations Board’s (Board) Office of the General Counsel (General Counsel) issued a memorandum seeking to broaden a union’s right to engage in intermittent strikes, which it defines as...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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