Amid the ever-increasing impact of the COVID-19 crisis across the country, the National Labor Relations Board (“NLRB” or “Board”) announced on Wednesday that the two-week freeze on representation elections currently in effect...more
On March 27, 2020, NLRB General Counsel John Ring issued General Counsel Memorandum 20-04, entitled “Case Summaries Pertaining to the Duty to Bargain in Emergency Situations” providing employers with guidance “regarding the...more
On the heels of guidance regarding when the duty to bargain may be suspended or modified during the COVID-19 pandemic, the National Labor Relations Board (“NLRB” or “Board”) finalized rulemaking today that changes three...more
In the chaos of a global health pandemic and what some economists are calling the Great Suppression, Americans have shown amazing solidarity in the battle against the coronavirus (“COVID-19”). ...more
As we have discussed in prior Advisories, the 2019 Novel Coronavirus (“Coronavirus” or “COVID-19”) public health emergency is raising important issues for employers addressing rapidly developing disruptions to the workplace...more
Employers in New York, the second-most unionized state in the country, have lost another key point of leverage in collective bargaining. Effective February 6, 2020, Senate Bill 7310 reduces the amount of time striking...more
3/2/2020
/ Employee Rights ,
Labor Disputes ,
Labor Relations ,
Negotiations ,
NLRA ,
Right to Strike ,
State and Local Government ,
State Labor Laws ,
Unemployment Benefits ,
Unions ,
Waiting Periods
The National Labor Relations Board has announced the issuance of its final rule governing joint-employer status. The new rule, which was first proposed in September 2018 and has been the subject of extensive public comment,...more
2/26/2020
/ Browning-Ferris Industries of California Inc. ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unions ,
Wage and Hour
A Trending News interview from Employment Law This Week®, featuring attorney Steve Swirsky, Member of the Firm:
The National Labor Relations Board (NLRB) ended the year with a flurry of activity, including the relaxing of...more
1/6/2020
/ Collective Bargaining ,
Confidentiality Policies ,
Dues Checkoff ,
Email ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Activity ,
Purple Communications ,
Quickie Election Rules ,
Reversal ,
Unions ,
Workplace Investigations
The National Labor Relations Board (“Board” or “NLRB”) has announced that it is publishing proposed changes to its Rules and Regulations that will begin to reverse the Board’s 2014 changes, which took effect in 2015, to its...more
The General Counsel for the National Labor Relations Board (“Board” or “NLRB”) has signaled what may be a major resetting of the law on the Board’s position concerning the legality of so called neutrality agreements, in which...more
One of the matters of significance to employers and unions under the National Labor Relations Act that became a point of contention under the National Labor Relations Board (“NLRB” or “Board”) during the Obama Administration...more
On March 1, 2019, when Governor Phil Murphy signed into law Senate Bill No. 1567, “An Act concerning pre-tax transportation fringe benefits” (“NJ Transit Benefits Law” or “Law”), New Jersey became the first state to require...more
4/2/2019
/ Collective Bargaining Agreements (CBA) ,
Compensation & Benefits ,
Employee Benefits ,
Employer Liability Issues ,
Fringe Benefits ,
Internal Revenue Code (IRC) ,
New Legislation ,
State and Local Government ,
Tax Cuts and Jobs Act ,
Transit Benefits ,
Unions ,
Wage and Hour
Technology, media, and telecommunications organizations are at the forefront of tackling new challenges in handling employee information and managing employee populations. As legislatures (from the federal level down to...more
3/26/2019
/ #MeToo ,
Cybersecurity ,
Data Protection ,
Digital Media ,
Employer Liability Issues ,
General Data Protection Regulation (GDPR) ,
Human Resources Professionals ,
Over-Time ,
Sexual Harassment ,
Telecommunications ,
Unions ,
Wage and Hour ,
White-Collar Exemptions
Summary of the Executive Order -
New York City retail and food service unions got a boost recently when Mayor Bill de Blasio signed an Executive Order titled “Labor Peace for Retail Establishments at City Development...more
Recent actions by federal agencies and courts will have a direct impact on employers in the health care industry. While still wrestling with the changes wrought by the Affordable Care Act, health care employers will now need...more
10/29/2015
/ Affordable Care Act ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Home Healthcare Workers ,
Joint Employers ,
Life Sciences ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
NLRB ,
Nursing Homes ,
OSHA ,
Physicians ,
Protected Concerted Activity ,
Right to Control ,
Unions ,
Unpaid Overtime ,
Wage and Hour
For those liberals and conservatives who do not think of themselves as “joint employers” of their doctors, lawyers, pet groomers, personal trainers, disc jockeys, and baristas, the National Labor Relations Board (“NLRB” or...more
9/15/2015
/ Best Practices ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Joint Employers ,
Jurisdiction ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Subcontracts ,
Unions
After a series of false starts, on December 12, 2014, the National Labor Relations Board (“NLRB” or “Board”) adopted a 733-page final rule (“Final Rule”) that will significantly change the Board’s longstanding union election...more
In its Purple Communications, Inc., decision, the National Labor Relations Board (“NLRB” or “Board”) has ruled that “employee use of email for statutorily protected communications on nonworking time must presumptively be...more
In a decision released this past week, a majority of the National Labor Relations Board ("NLRB" or "Board") recommitted the federal agency to the principles set forth in Specialty Healthcare, further expanding the way for...more