SpaceX is challenging whether the National Labor Relations Board should continue to exist as we know it. In two separate lawsuits, the aerospace company has asked a federal court to strike down the agency’s structure as...more
7/18/2024
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article II ,
Constitutional Challenges ,
Due Process ,
NLRA ,
NLRB ,
Popular ,
Right to a Jury ,
Separation of Powers ,
SpaceX ,
Unfair Labor Practices
The NLRB’s top prosecutor just issued a memo which seeks to bar employers from convening employee meetings on working time to address union representation unless they provide employees specific assurances that participation...more
COVID-19 continues to present challenges to employers, who are generally obligated to provide their employees with a safe and healthy workplace. One of the most significant challenges as of late is addressing employee...more
The National Labor Relations Board just found that a beverage manufacturer’s rule prohibiting cell phones on the shop floor and work stations did not violate the National Labor Relations Act. The Board’s May 20 decision...more
As businesses face daily new challenges in the wake of the COVID-19 pandemic, many are now confronting a new challenge: demands from their own employees for more pay and a safer work environment. The ability to manage these...more
The Fisher Phillips COVID-19 Taskforce has assembled this guidance document, containing answers to a series of Frequently Asked Questions, especially designed for unionized employers. The Taskforce also maintains a...more
3/23/2020
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Force Majeure Clause ,
Infectious Diseases ,
Information Requests ,
Unfair Labor Practices ,
Union Elections ,
Unions ,
Wage and Hour ,
Work Schedules ,
Workplace Safety
Employers may be surprised to learn that the Republican-controlled National Labor Relations Board just issued a unanimous decision invalidating an employer’s mandatory arbitration agreement that could be reasonably...more
The National Labor Relations Board issued a decision on Friday reversing 37 years of precedent and thereby granting employers greater rights to limit union activity on their premises. Under the “public space” exception,...more
6/17/2019
/ Corporate Counsel ,
Healthcare Workers ,
Hospitality Industry ,
Hospitals ,
NLRB ,
Popular ,
Public Property ,
Restaurant Industry ,
Solicitation ,
Union Organizers ,
Unions
The National Labor Relations Board announced yesterday in its spring 2019 regulatory agenda that it intends to consider rulemaking in the following substantive areas arising under the National Labor Relations Act:
•...more
In a 3-1 ruling that should be hailed by employers across the country, the National Labor Relations Board just made it harder for employees to successfully claim that their workplace gripes constitute protected concerted...more
1/18/2019
/ Administrative Law Judge (ALJ) ,
Airlines ,
Corporate Counsel ,
Dismissals ,
Employment Policies ,
Hiring & Firing ,
NLRA ,
NLRB ,
Oral Complaints ,
Protected Concerted Activity ,
Reversal ,
Terms and Conditions ,
Tipped Employees ,
Tips ,
Unfair Labor Practices
The National Labor Relations Board just relieved employers of a great deal of uncertainty surrounding seemingly innocuous workplace rules and handbooks. The newly constituted NLRB issued its first round of significant...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more
11/3/2017
/ Administrative Law Judge (ALJ) ,
Affordable Care Act ,
Appeals ,
Ban the Box ,
Civil Rights Act ,
Corporate Counsel ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Brown ,
GrubHub ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Independent Contractors ,
Misclassification ,
New Rules ,
NLRB ,
OFCCP ,
Over-Time ,
Parental Leave ,
Preventive Health Care ,
Proposed Rules ,
Restraining Orders ,
Retaliation ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
State Labor Laws ,
State Legislatures ,
Tip-Pooling ,
Title VII ,
Transgender ,
Travel Ban ,
Trump Administration ,
Wage and Hour ,
Whistleblowers
Employers who have been keeping up with the National Labor Relations Board’s (NLRB) decisions over the past eight years may be pleasantly shocked to learn that an Administrative Law Judge (ALJ) just upheld an employer’s...more
For the first time, a federal appeals court has dealt a serious blow to class and collective action waivers in arbitration agreements. In Jacob Lewis v. Epic Systems Corporation, the 7th Circuit Court of Appeals held that a...more
Arbitration is generally supposed to be faster, cheaper, and more predictable than litigation. Homebuilder D.R. Horton, like many other employers, certainly believed this when, in 2006, it began requiring employees to sign...more
2/11/2014
/ Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Drafting ,
D.R. Horton v NLRB ,
Federal Aviation Administration (FAA) ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
SCOTUS ,
Unpaid Overtime
Many employers prohibit off-duty employees from accessing the workplace. This is particularly true of employers in the hospitality, healthcare, and manufacturing industries, where there is a premium on ensuring guest,...more
11/12/2012