If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more
10/7/2017
/ Appeals ,
Arbitration Agreements ,
Car Dealerships ,
Civil Rights Act ,
Class Action Arbitration Waivers ,
Collective Bargaining ,
Department of Labor (DOL) ,
Employment Discrimination ,
Employment Litigation ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
Freedom of Religion ,
LGBTQ ,
NLRA ,
NLRB ,
Public Accommodation ,
Public Sector Unions ,
Retaliation ,
Same-Sex Marriage ,
SCOTUS ,
Service Advisors ,
Sexual Orientation Discrimination ,
Shop Fee Arrangements ,
Statute of Limitations ,
Title VII ,
Travel Ban ,
Trump Administration ,
Unpaid Overtime ,
Whistleblowers
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. August was no...more
9/9/2017
/ Affirmative Action ,
Appeals ,
Audio Recording ,
Class Action ,
Classification ,
College Admissions ,
Corporate Counsel ,
Data Breach ,
Department of Justice (DOJ) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gig Economy ,
Green Cards ,
Hardship Distributions ,
Hurricane Harvey ,
Identity Theft ,
Independent Contractors ,
NLRB ,
On-Demand Services ,
Online Platforms ,
Over-Time ,
Pay Data ,
Popular ,
Standing ,
Trump Administration ,
Unions ,
Vetting ,
Wage and Hour ,
Wellness Programs
Josh Eidelson from Bloomberg reported that the National Labor Relations Board (NLRB) issued a complaint against gig economy mainstay Handy earlier this week, alleging that the on-demand workers who provide home cleaning...more
Earlier this week, I wrote an article about a recent NLRB decision where the Board found a group of workers who provide video content services for the display board at Minnesota Timberwolves basketball games to be incorrectly...more
Chalk this round up to the unions. In a pair of decisions issued last week, a Seattle federal judge ruled that Seattle’s January 2016 Ordinance that seeks to allow for-hire drivers to form unions and collectively bargain with...more
8/30/2017
/ Appeals ,
Chamber of Commerce ,
Corporate Counsel ,
DPPA ,
Drivers ,
First Amendment ,
Gig Economy ,
Independent Contractors ,
Local Ordinance ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Ridesharing ,
Union Organizers ,
Unions
In a ruling sure to leave businesses and gig economy companies crying foul, the National Labor Relations Board concluded that workers producing electronic video display content for the NBA’s Minnesota Timberwolves were...more
8/30/2017
/ Basketball ,
Classification ,
Corporate Counsel ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
NBA ,
NLRB ,
Popular ,
Union Organizers
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more
7/7/2017
/ Administrative Interpretation ,
Advocate Health Care v Stapleton ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
Church Plans ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Department of Labor (DOL) ,
Discrimination ,
Electronic Records ,
Employee Retirement Income Security Act (ERISA) ,
Fair Labor Standards Act (FLSA) ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
Interlocutory Appeals ,
Joint Employers ,
Medical Marijuana ,
Microsoft v Baker ,
Minimum Salary ,
Misclassification ,
New Legislation ,
NLRB ,
Opinion Letter ,
OSHA ,
Over-Time ,
Popular ,
Public Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title III ,
Travel Ban ,
Trump v Hawaii ,
Trump v International Refugee Assistance Project ,
Uber ,
Unfair Labor Practices ,
Website Accessibility ,
White-Collar Exemptions
In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more
6/14/2017
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employer Liability Issues ,
Hiring & Firing ,
Interrogations ,
Leave of Absence ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Text Messages ,
Unfair Labor Practices ,
Union Elections ,
Unions
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. May 2017 was no different, with...more
6/5/2017
/ Affordable Care Act ,
American Health Care Act (AHCA) ,
Class Action Arbitration Waivers ,
Day of Rest Laws ,
E-Verify ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Workweek ,
Fast-Food Industry ,
Federal Budget ,
Federal Contractors ,
Food Service Workers ,
Gig Economy ,
Immigration Reform ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
NLRB ,
OFCCP ,
On-Call Employees ,
OSHA ,
Paid Leave ,
Parental Leave ,
Popular ,
Portable Benefits ,
Repeal ,
Retail Workers ,
Sick Leave ,
Travel Ban ,
Trump Administration ,
Work Schedules
Employers returning from the Memorial Day weekend were on the receiving end of bad news as they learned that the 6th Circuit Court of Appeals became the third federal appeals court to strike down mandatory class action...more
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more
5/5/2017
/ Computer Programmers ,
Corporate Counsel ,
Drivers ,
Equal Employment Opportunity Commission (EEOC) ,
Facebook ,
Gig Economy ,
H-1B ,
Hiring & Firing ,
Immigration Reform ,
Independent Contractors ,
LGBTQ ,
Misclassification ,
NLRB ,
Obscenity ,
On-Demand Services ,
OSHA ,
Protected Concerted Activity ,
Salary/Wage History ,
SCOTUS ,
Secretary of Labor ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sovereign Immunity ,
State Labor Laws ,
Subpoenas ,
Title VII ,
Tribal Employees ,
Trump Administration ,
Unions ,
USCIS ,
Young Lawyers
In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more
4/25/2017
/ Appeals ,
Corporate Counsel ,
Facebook ,
Hiring & Firing ,
NLRA ,
NLRB ,
Obscenity ,
Protected Concerted Activity ,
Reaffirmation ,
Social Media ,
Unfair Labor Practices ,
Union Elections ,
Unions
May Day has historically been a day marked by workers’ rights protests, with union organizing activities and other employee advocacy actions taking place across the country on what is now known as “International Workers’...more
4/24/2017
/ Adverse Employment Action ,
Immigrants ,
NLRA ,
NLRB ,
Protests ,
Public Relations ,
SEIU ,
Strike ,
Trump Administration ,
Unfair Labor Practices ,
Unions ,
Workplace Communication
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. March 2017 was another month...more
4/11/2017
/ Affordable Care Act ,
Banks ,
Blacklist ,
Cybersecurity ,
Department of Labor (DOL) ,
E-Verify ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Gender Identity ,
IDEA ,
Independent Contractors ,
Labor Law Violations ,
Lyft ,
Misclassification ,
NLRB ,
NLRB v SW General ,
NYDFS ,
OSHA ,
Popular ,
Portal ,
Preliminary Injunctions ,
Presidential Appointments ,
Protests ,
Ridesharing ,
SCOTUS ,
Secretary of Labor ,
Senate Confirmation Hearings ,
Sexual Orientation Discrimination ,
Sharing Economy ,
Title VII ,
Transparency ,
Travel Ban ,
Trump Administration ,
Uber ,
Volks Rule ,
WARN Act
While it may be some time before we commute to work in flying cars or seek a transfer to our company’s lunar outpost, another concept once thought outside the realm of modern reality is now increasingly ordinary in the...more
3/13/2017
/ Artificial Intelligence ,
Data Breach ,
Data Collection ,
Data Security ,
Hiring & Firing ,
Involuntary Reduction in Force ,
NLRB ,
OSHA ,
Popular ,
Privacy Concerns ,
Robots ,
WARN Act ,
Workplace Safety
A Full Complement Of SCOTUS Justices Bodes Well For Employers -
When the U.S. Supreme Court announced several weeks ago it would settle a dispute about whether employers can use mandatory class action waivers with their...more
In a widely expected move, the U.S. Supreme Court just agreed to settle a dispute about whether employers can use mandatory class action waivers with their workers. The decision, which should be issued by June 2017, will...more
Reverse psychology isn’t the only explanation for the title of this article (although, if you’ve made it this far, it seems to have worked). No, another explanation is that 2016 was a very rough year for employers when it...more
12/12/2016
/ Affordable Care Act ,
Arbitration ,
Constructive Discharge ,
Corporate Counsel ,
Department of Labor (DOL) ,
EEO-1 ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Joint Employers ,
NLRB ,
OSHA ,
Persuader Rules ,
Reporting Requirements ,
Severance Agreements ,
Standing ,
Unions ,
White-Collar Exemptions
It’s official: Donald Trump will soon be our nation’s 45th president. Now the work begins to forecast what the next four years will bring. We’ve spent some time gathering our firm’s collective wisdom on what the next...more
Lessons To Be Learned For Organizing Campaigns -
For the first time in American labor law history, a jury found that a union defamed and disparaged an employer while waging a bitter organizing campaign, costing the...more
2nd Circuit Refuses To Join Circuit Courts Siding With NLRB -
Employers can breathe a sigh of relief after the 2nd Circuit Court of Appeals once again upheld the validity of class and collective action waivers in...more
Employers received their most bruising loss in the ongoing war involving class action waivers today, as the 9th Circuit Court of Appeals became the second federal circuit to strike them down as illegal. When the 7th Circuit...more
An Ohio employer recently learned the hard way that employers need to be cautious when it comes to communicating with striking employees about permanent replacements. By mistakenly telling them that their employment had been...more
In today’s 3-1 decision, the National Labor Relations Board (NLRB) resurrected a union-friendly standard making it easier for unions to combine jointly employed temporary workers with an employer’s existing workforce to form...more
A federal appeals court ruled that the NLRB’s “quickie election” rule is permissible and does not violate the law, meaning that employers will continue to have to live under the new and challenging regime that stacks the deck...more