Illinois just became the latest state to ban employers from holding mandatory meetings with employees concerning religious or political matters, including discussions on union representation. Such employer-sponsored meetings,...more
8/7/2024
/ Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Illinois ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
State Labor Laws ,
Union Representatives ,
Unions
The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific...more
Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more
As fall creeps up on us — and you trade your beach days and barbeques for hayrides and horror flicks — don’t forget about all the activity from the National Labor Relations Board (NLRB) this past summer that could cause...more
10/2/2023
/ Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Hiring & Firing ,
Independent Contractors ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Protected Concerted Activity ,
Union Elections ,
Union Organizers ,
Unions
Employers were dealt yet another blow Thursday when the National Labor Relations Board re-introduced “quickie” elections and accelerated the time period between union petitions and elections. This is just one of the changes...more
The National Labor Relations Board (NLRB) just changed the law again on employee handbooks by modifying the legal standards that for the past six years have provided a commonsense solution for evaluating workplace misconduct...more
Employers should review their non-compete agreements now that the NLRB General Counsel announced that many of them violate federal labor law – regardless of whether you have a unionized workforce. General Counsel Jennifer...more
If your business relies on gig economy workers, you may want to review your policies on monitoring workers and requiring them to pay for training and equipment. That’s because the National Labor Relations Board (NLRB)...more
3/10/2023
/ Business Expenses ,
Consumer Financial Protection Bureau (CFPB) ,
Data Collection ,
Electronic Monitoring ,
Employee Privacy Rights ,
Employee Training ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Relations ,
Misclassification ,
NLRA ,
NLRB
A pendulum-swinging decision from the National Labor Relations Board yesterday means that severance agreements – in both unionized and non-union workplaces – could once again be deemed unlawful if they could be construed to...more
2/22/2023
/ Confidentiality Agreements ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Protected Concerted Activity ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
The National Labor Relations Board (NLRB) just made it easier for labor unions to organize smaller bargaining units known as “micro units” that can include small sub-sets of the overall workforce. The Board’s move, which...more
The top lawyer from the National Labor Relations Board recently announced that agency investigators should target workplace surveillance and “algorithmic management” technologies that have a “tendency” to interfere with...more
The National Labor Relations Board is actively looking to modify the legal standards that for the past five years have provided a commonsense solution for evaluating the legality of commonplace workplace misconduct rules. And...more
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
As we recently forecasted, the House of Representatives has reintroduced a bill designed to radically transform the labor relations landscape, substantially tilting the playing field towards organized labor. The “Protecting...more
2/9/2021
/ Arbitration Agreements ,
Confidential Information ,
Employer Liability Issues ,
Independent Contractors ,
Joint Employers ,
Labor Relations ,
Micro-Unions ,
Misclassification ,
NLRA ,
NLRB ,
Posting Requirements ,
Proposed Legislation ,
Protected Concerted Activity ,
Protests ,
Quickie Election Rules ,
Secondary Boycott ,
Union Elections ,
Union Membership ,
Union Organizers ,
Unions
The Food and Drug Administration has now approved two different mRNA COVID-19 vaccines (Moderna and Pfizer) under the FDA’s Emergency Use Authorization (EUA) to be distributed in the U.S. for use in persons 18 years of age...more
When the House of Representatives passed the PRO Act last year with the aim of overhauling federal labor law for the benefit of organized labor, we predicted the legislation would stall in the face of the Republican Senate...more
1/18/2021
/ Employee Rights ,
Employer Rights ,
Federal Labor Laws ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
NLRA ,
Section 7 ,
Union Organizers ,
Unions
The National Labor Relations Board took the opportunity last week to double down on its recent reversal of the Purple Communications doctrine, holding that T-Mobile USA did not violate federal labor law by implementing a rule...more
6/2/2020
/ Electronic Communications ,
Email ,
Email Policies ,
Employer Liability Issues ,
Federal Labor Laws ,
Information Technology ,
NLRA ,
NLRB ,
Purple Communications ,
Reversal ,
Section 7 ,
T-Mobile ,
Union Organizers ,
Unions
On the eve of their scheduled implementation date, a federal court judge in Washington, D.C. struck down significant portions of the National Labor Relation’s Board new union representation procedures – handing a significant...more
The National Labor Relations Board just published a final rule that will soon fundamentally alter the definition of joint employment, making it more difficult for businesses to be held legally responsible for alleged labor...more
2/26/2020
/ Burden of Proof ,
Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Employment Contract ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
New Rules ,
NLRA ,
NLRB ,
Staffing Agencies ,
Terms and Conditions ,
Wage and Hour
At the end stages of lone Democrat Board Member McFerran’s term, the National Labor Relations Board (NLRB) Friday, December 13th, issued the first of what may be a number of rulings in the form of a procedural regulation...more
Labor Board Further Tightens Union Access To Employer Property -
In yet another ruling that levels the labor relations playing field, the National Labor Relations Board ruled on Friday that employers could rightfully...more
9/10/2019
/ Anti-Discrimination Policies ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
Non-Solicitation Agreements ,
Private Property ,
Property Access ,
Union Organizers ,
Union Representatives ,
Unions
Immigration and Customs Enforcement (ICE) threatened to start to carry out a series of immigration raids this weekend seeking to identify and apprehend undocumented individuals – with some potentially occurring at the...more
7/16/2019
/ Audits ,
Employee Training ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
NLRA ,
Raids ,
Search Warrant ,
Undocumented Immigrants
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 for the past few years—and this past month...more
10/11/2018
/ #MeToo ,
Background Checks ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Epic Systems Corp v Lewis ,
Governor Brown ,
Hiring & Firing ,
Joint Employers ,
Lactation Accommodation ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Sexual Harassment ,
Unions
Employee walkouts and protests are likely to occur on a large scale starting yesterday and lasting through Thursday, spurred on by the union-supported “Fight for $15” movement and in anticipation of the upcoming midterm...more
10/3/2018
/ Attendance ,
Caregivers ,
Collective Bargaining Agreements (CBA) ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Fast-Food Industry ,
Hospitality Industry ,
Janitorial Services ,
Minimum Wage ,
NLRA ,
Private Property ,
Professors ,
Protected Concerted Activity ,
Protests ,
Restaurant Industry ,
SEIU ,
Social Media Policy ,
Strike ,
Unions ,
Wage and Hour
In a move that has been anticipated for several months, the National Relations Labor Board today published a proposed rule that would fundamentally alter the definition of joint employment, making it more difficult for...more
9/14/2018
/ Browning-Ferris Industries of California Inc. ,
Comment Period ,
Employer Liability Issues ,
Franchisee ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Proposed Rules ,
Public Comment ,
Rulemaking Process ,
Staffing Agencies ,
Terms and Conditions