The National Labor Relations Board’s (NLRB) General Counsel, Crystal Carey, has issued updated guidance aimed at promoting fair, efficient, and consistent enforcement of the National Labor Relations Act (NLRA). Although...more
Union organizing activity took a clear downturn in 2025, driven by a combination of economic uncertainty and shifting federal oversight. New data from Bloomberg Law shows that the number of union elections dropped sharply in...more
Understanding joint employer liability is critical for companies in the franchise sector, as it directly impacts risk management and compliance. If the American Franchise Act (AFA) were enacted, it would provide significant...more
2/5/2026
/ Employer Liability Issues ,
Federal Labor Laws ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
Labor Relations ,
New Legislation ,
NLRA ,
Proposed Legislation ,
Regulatory Requirements ,
Risk Management ,
Unfair Labor Practices
Welcome to the latest edition of Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and...more
1/26/2026
/ Collective Bargaining Agreements (CBA) ,
Constitutional Challenges ,
Due Diligence ,
Foreign Investment ,
Hospitality Industry ,
Hotels ,
Liquor Licences ,
New Legislation ,
New York ,
Real Estate Investments ,
Real Estate Transactions ,
Resorts & Restaurants ,
Tariffs ,
Texas ,
Unions
Workers at the Museum of Science and Industry in Chicago just ratified their first union contract. Elsewhere in the city, employees at the Adler Planetarium voted last Thursday in favor of forming a union. But the trend of...more
Is an employer's comment to a pro-union employee that “if you're not happy at the company, you can go work for another company” an illegal threat under the National Labor Relations Act (NLRA)? The Fifth U.S. Circuit Court of...more
Although employers cannot routinely rely on “special circumstances” to restrict employee expression in the workplace, a recent federal court decision confirmed that employees’ rights in this area are not unlimited....more
Welcome to the latest edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and...more
11/11/2025
/ Algorithms ,
Arbitrary and Capricious ,
Constitutional Challenges ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
Franchises ,
Hospitality Industry ,
Hotels ,
Licensing Rules ,
New Legislation ,
New York ,
NLRA ,
NLRB ,
Pricing ,
State and Local Government ,
Tourism ,
Unions
Congratulations to the 2025 World Series Champions, the Los Angeles Dodgers. Their dramatic Game 7 win over the Toronto Blue Jays completed their quest for the rare baseball accomplishment of back-to-back championships. One...more
The Ninth Circuit issued a reminder to all employers that employees discussing wages generally qualifies as protected activity under Section 7 of the National Labor Relations Act (NLRA). Accordingly, all employers need to be...more
It has been seven months since the National Labor Relations Board (NLRB or Board) has had the three-member quorum needed to issue decisions. The last decisions issued by the Board were from a brief period in March 2025 when...more
Non-union private sector employers cannot ignore labor law just because their employees are not represented by a union. Non-union private sector employers must fully comply with labor law developments because all of their...more
Welcome to the fifth edition of The Leisure Law Insider! Released quarterly, we cover the latest news and developments in leisure and hospitality law, regulation, and policy. Expect content on hotels, franchising, labor and...more
1/24/2025
/ Antitrust Provisions ,
Artificial Intelligence ,
Employee Training ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Hidden Fees ,
Hospitality Industry ,
Hotels ,
New Legislation ,
New York ,
NLRB ,
Property Managers ,
Unions ,
Whistleblowers ,
Workplace Safety
Many employers mistakenly assume that their workforce is not likely to be organized by a union. Maybe they assume that only factory workers and public employees are the most typical members of unions. Maybe they assume they...more
Union organizers are effectively using technology and capitalizing on prominent social issues to dramatically increase union organizing in the technology industry and elsewhere. No longer do union organizers have to meet...more
While the final results are not yet certified, it appears that we have a new president. Employers across the country, both union and non-union, are wondering what they can expect from a Joe Biden presidency when it comes to...more
11/11/2020
/ Ambush Election Rules ,
Biden Administration ,
Collective Bargaining ,
Corporate Counsel ,
Federal Labor Laws ,
Joint Employers ,
Labor Reform ,
Micro-Unions ,
NLRA ,
NLRB ,
Persuader Rules ,
Policy Drafting ,
Quickie Election Rules ,
Right to Strike ,
Union Elections ,
Unions
As shelter in place restrictions ease and U.S. workplaces begin to reopen, both union and nonunion employers may find themselves facing a host of new challenges. Employers may wonder what they should be doing to keep their...more
The holiday cheer keeps coming from the National Labor Relations Board (NLRB) with the release of three new decisions favoring employers: (1) workplace policies covering confidentiality during workplace investigations are...more
12/24/2019
/ Boeing ,
Collective Bargaining Agreements (CBA) ,
Confidentiality Policies ,
Dues Checkoff ,
Electronic Communications ,
Email ,
Employer Liability Issues ,
Employment Policies ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Non-Work Hours ,
Policies and Procedures ,
Purple Communications ,
Regulatory Requirements ,
Rulemaking Process ,
Section 7 ,
Union Dues ,
Union Organizers ,
Unions ,
Workplace Investigations
The Florida legislature is considering a bill regulating the biometric data employers collect from their workforces. The new bill mirrors the Illinois Biometric Information Privacy Act (BIPA), which has led to hundreds of...more
In 2018, labor/management relations developed in sometimes unexpected and surprising ways, making strange bedfellows and pitting former allies against one another. Employees protesting against the actions of their employers...more
If there were a State of the “Unions” report, it would no doubt highlight unusual protests, increased organizing and widespread strikes in 2018, along with a forecast for a labor board likely to give more latitude to...more
Vehicle dealerships may have a bit more flexibility in determining which employees are exempt from overtime following a U.S. Supreme Court ruling issued this week that specifically rejected the decades-old principle that...more
4/6/2018
/ Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
Sales Commissions ,
SCOTUS ,
Service Advisors ,
Wage and Hour
Employers may have a bit more flexibility in determining which employees are exempt from overtime following a U.S. Supreme Court ruling issued this week that specifically rejected the decades-old principle that exemptions...more
4/6/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Congressional Intent ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
With the change to a Republican President and the appointment of new NLRB members, the expectation that more pro-employer decisions will be issued has begun. Several NLRB decisions have re-established prior labor law...more
1/26/2018
/ Administrative Law Judge (ALJ) ,
Collective Bargaining Agreements (CBA) ,
Employee Benefits ,
Employment Contract ,
Employment Litigation ,
Enforcement Actions ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Raytheon ,
Regulatory Reform ,
Unfair Labor Practices ,
Unilateral Modification ,
Unions
The NLRB offered a holiday gift to employers this year, overturning an Obama-era decision that allowed unions to organize “micro-units” of employees, by restoring a more employer-friendly standard to determine an “appropriate...more