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NLRB Overturns Two Major Trump-Era Precedents

This week, the National Labor Relations Board (“NLRB”) issued a series of decisions overturning two major Trump-era precedents. On August 30, 2023, the NLRB overturned Raytheon Network Centric Systems with its decisions in...more

NLRB General Counsel Advises Employers May Have Duty To Bargain Over COVID-19 OSHA Rule

Employers covered under OSHA’s Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”) have a duty to bargain with unions representing employees over certain aspects of the ETS, according to Jennifer Abruzzo,...more

OSHA Issues New Workplace Guidance In Response to Rising Numbers of COVID-19 Cases

On August 13, 2021, the U.S. Department of Labor's Occupational Safety and Health Administration (“OSHA”) issued updated guidance on mitigating and preventing the spread of COVID-19 in the workplace. OSHA’s latest guidance is...more

Senator Brown Proposes Innovative Privacy Bill that Discards the Notice and Consent Regime

This past week, United States Senator Sherrod Brown proposed a draft data privacy bill aptly named the Data Accountability and Transparency Act of 2020 (DATA). The DATA seeks to restructure the current “consent” privacy...more

Contact Tracing Armies Combat the Spread of COVID-19, but Create “Novel” Data Privacy Concerns

Imagine waking up to an email, or receiving a text message, that alerts you to the news that you have or may have been exposed to someone who tested positive for COVID-19. No, this is not a hoax and, no, your email and/or...more

Employers May Stop Deducting Employee Union Dues When Contract Expires

On December 16, the final day of lone Democrat Lauren McFerran’s term, the National Labor Relations Board (“NLRB” or the “Board”) overruled a recent, Obama-era decision that required an employer to comply with its union dues...more

NLRB Gives Employers Two Big Gifts This December

Just before the holiday season, the National Labor Relations Board (“NLRB” or “Board”) provided employers with two big wins. First, on December 13, 2019, the NLRB announced its long awaited final rule to relax the Obama-era...more

Board Ends Union’s “Gotcha” Strategy to Counter Anticipatory Withdrawal of Recognition

The National Labor Relations Board (“NLRB”) recently determined in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), that a new framework was required to analyze employees’ representation wishes when an employer...more

NLRB Issues Decision Favorable to Successor Employers

In a ruling that the Republican majority states will “save jobs and help struggling businesses survive,” the National Labor Relations Board issued a 3-1 decision on Tuesday April 2, 2019 limiting the circumstances under...more

Browning-Ferris Valid for Joint Employer Analysis Once Again

Just over two months after the National Labor Relations Board (“NLRB”) reversed the Browning-Ferris decision that re-wrote the test the NLRB used for joint employment (see our December 15 alert here), the Board vacated its...more

Flurry of NLRB Activity Highlighted by Board’s Reversal of Browning-Ferris and Return to Prior Longstanding Joint Employer...

The National Labor Relations Board, composed of a Republican majority for the first time in more than ten years, acted quickly to reverse the controversial 2015 Browning-Ferris Industries decision which had drastically...more

Sixth Circuit is Latest Appellate Court to Find Class Action Waivers Violate NLRA

On Friday, May 26, the Sixth Circuit Court of Appeals became the latest federal appellate court to weigh in on whether or not arbitration agreements that include class action waivers violate federal labor law, specifically,...more

Title VII Prohibits Employment Discrimination Based on Sexual Orientation – So Says the 7th Circuit

On Tuesday, the Seventh Circuit Court of Appeals became the first federal circuit court of appeals to decide that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on an employee’s “sexual...more

Federal Judge Temporarily Blocks New Overtime Rule

A federal Judge in Texas yesterday issued an order temporarily barring the Department of Labor (“DOL”) from enforcing its much-publicized new overtime rule, just over one week before the rule’s December 1 effective...more

Perspectives - June 2016

In April 2016, the Department of Labor (DOL) released the final version of the fiduciary rule. The final rule was six years in the making and impacts retirement plans, including 401(k) plans, and the employer who offer...more

Overtime Pay for Millions

Millions of American workers will now be eligible for overtime pay after the Department of Labor (“DOL”) released its long-awaited Final Rule updating the overtime regulations under the Fair Labor Standards Act (“FLSA”). The...more

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