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The NLRB Embraces Relativism in its Relevance Test

Under the National Labor Relations Act, unions are entitled to request information from an employer that is relevant to carrying out the union’s representation duties. The key limiting principle is that the union must...more

BREAKING: OSHA’s Vaccine Mandate and Unionized Employer Bargaining Obligations

President Biden has just announced that he is tasking OSHA with implementing a new emergency rule mandating that employers with at least 100 employees either require their workforce to be vaccinated or require unvaccinated...more

Caution Signs Ahead: New NLRB General Counsel Memo Offers a Surprising (and Alarming) Road Map of Plans and Priorities

New National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo appears ready and willing to help deliver on President Joe Biden’s promise to be “the most pro-union president [we’ve] ever seen.”...more

8/24/2021  /  NLRB , NLRB General Counsel , Unions

Will the Supreme Court’s Decision Overturning California Union Access Regulation Be a Bonanza for Nonagricultural Employers?

In a significant victory for California agricultural employers, the Supreme Court recently held that California’s regulation requiring agricultural companies to permit union organizers on their property was an...more

Fifth Circuit Finds Grievance Settlement Extinguished FLSA Claims

The U.S. Court of Appeals for the Fifth Circuit’s recent decision in Stuntz v. Lion Elastomers, LLC, Case No. 19-40336 (Sept. 23, 2020), offers some reassurance to employers that wage and hour issues can be properly (and...more

Travel Time Compensable Under California Law Despite Contrary Union Agreement

While California’s wage-and-hour rules recognize a number of exceptions for employees subject to a collective bargaining agreement, the California Supreme Court’s denial of review in Gutierrez v. Brand Energy Svcs. of Calif....more

Increased Union Activity in the COVID-19 Era

With the COVID-19 pandemic continuing to dominate headlines and potential surges expected this fall and winter, safety issues are at the forefront of many employees’ minds. These issues encompass an array of subjects,...more

COVID-19 and the Emergency Exception to the Duty to Bargain

The NLRB’s General Counsel Provides Guidance on the Duty to Bargain in Emergency Situations - Regardless of the industry, the COVID-19 pandemic is wreaking havoc on businesses across the country and requiring many employers...more

4/7/2020  /  Coronavirus/COVID-19 , NLRB , Unions

FAQs: COVID-19 – General Labor and Employment Legal Concerns – April 6, 2020 Update

BakerHostetler’s COVID-19 Labor and Employment Issues Task Force issued a set of FAQs on March 18, 2020 and another on March 30, 2020 regarding general legal issues concerning the COVID-19 pandemic....more

FAQs: COVID-19 – General Labor and Employment Legal Concerns – March 30, 2020 Update

BakerHostetler’s COVID-19 Labor and Employment Issues Task Force issued a set of frequently asked questions (FAQs) on March 18, 2020, regarding general legal issues concerning the COVID-19 pandemic. Below are new FAQs that...more

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