We were off by about 10 days. When we published An Employer’s Guide to the Baseball Lockout: Answering Your Questions About the First MLB Work Stoppage in Almost 30 Years way back at the beginning of December, we predicted...more
3/14/2022
/ Arbitration ,
Athletes ,
Baseball ,
Collective Bargaining Agreements (CBA) ,
Lockouts ,
Minimum Salary ,
MLB ,
Sports ,
Uniforms ,
Unions ,
Wage and Hour
In one of its final moves of the year, the National Labor Relations Board announced in late December that will reconsider the current legal standard for determining whether workers are independent contractors or employees....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 NLRB’s General Counsel recently released a guidance memorandum advising the Board to apply a stricter standard when evaluating if an employer’s support for union organizing activities violates the National Labor Relations...more
This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more
8/21/2020
/ Business Closures ,
Centers for Disease Control and Prevention (CDC) ,
Charitable Donations ,
COBRA ,
Coronavirus/COVID-19 ,
Covered Employees ,
Data Privacy ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Force Majeure Clause ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Health and Safety ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Plan Sponsors ,
Highly-Skilled Workers Visa ,
HIPAA Privacy Rule ,
Hiring & Firing ,
Hurricane Season ,
Infectious Diseases ,
Labor Relations ,
Medical Leave ,
Military Leave ,
Military Service Members ,
Natural Disasters ,
NLRB ,
OSHA ,
Retirement ,
Retirement Plan ,
Retirement Plan Providers ,
State Labor Laws ,
Unemployment Benefits ,
Unemployment Compensation System ,
Unions ,
USCIS ,
USERRA ,
Visa Applications ,
Visas ,
Volunteers ,
Wage and Hour ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
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
As more states legalize medicinal and recreational cannabis, many states are requiring that cannabis employers enter into a “labor peace agreement” with a union in order to obtain or maintain a license to grow, manufacture,...more
6/1/2020
/ Agribusiness ,
Cannabis-Related Businesses (CRBs) ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Labor Relations ,
Marijuana Related Businesses ,
NLRA ,
NLRB ,
State Labor Laws ,
Unions
Although the new Coronavirus Aid, Relief, and Economic Security Act (CARES ACT) contains important help for businesses, it also presents potentially significant labor issues for any mid-size company (500 to 10,000 employees)...more
The Fisher Phillips COVID-19 Taskforce has assembled this guidance document, containing answers to a series of Frequently Asked Questions, especially designed for unionized employers. The Taskforce also maintains a...more
3/23/2020
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Force Majeure Clause ,
Infectious Diseases ,
Information Requests ,
Unfair Labor Practices ,
Union Elections ,
Unions ,
Wage and Hour ,
Work Schedules ,
Workplace Safety
The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more
2/11/2020
/ Arbitration ,
Arbitration Agreements ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Employer Liability Issues ,
Employer Rights ,
Employment Litigation ,
Gag Rule ,
Hiring & Firing ,
Joint Employers ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
Misclassification ,
NLRA ,
NLRB ,
Pending Legislation ,
Persuader Rules ,
Presidential Veto ,
Protests ,
Quickie Election Rules ,
Right to Strike ,
Right to Work ,
Secondary Boycott ,
Trump Administration ,
Union Elections ,
Union Organizers ,
Unions ,
Wage and Hour
The National Labor Relations Board just decided that employers have the right to cease union dues collections once the relevant collective bargaining agreement expires, again restoring balance to the labor relations...more
The National Labor Relations Board took the latest step in the long-simmering debate over whether college teaching and research assistants could unionize when it released a proposed rule on Friday that would once again block...more
9/24/2019
/ Collective Bargaining ,
Colleges ,
Comment Period ,
Educational Institutions ,
Federal Labor Laws ,
Graduate Students ,
NLRA ,
NLRB ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Public Comment ,
Student Employees ,
Teaching Assistants ,
Unions ,
Universities
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
One day after overturning the Obama-era’s joint-employer standard and in the waning days of Philip Miscimarra’s Chairmanship, the National Labor Relations Board struck down the pro-union use of micro-units, a tool used to...more
The newly constituted National Labor Relations Board announced that a troublesome joint-employer test adopted in 2015 would be immediately scrapped, instead reaffirming its prior reasonable standard for determining...more
In a move that must have labor unions across the country trembling with fear, the Supreme Court today announced that it will once again take up the issue of whether public sector agency shop fee arrangements are prohibited by...more
Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more
9/6/2017
/ Banner Health System ,
Bargaining Units ,
Browning-Ferris Industries of California Inc. ,
Civility ,
Class Action Arbitration Waivers ,
Collective Bargaining ,
Columbia University ,
Confidentiality Policies ,
Corporate Counsel ,
D.R. Horton v NLRB ,
Email Policies ,
Employee Handbooks ,
Employment Policies ,
Internal Investigations ,
Joint Employers ,
Labor Relations ,
Micro-Unions ,
NLRA ,
NLRB ,
Presidential Appointments ,
Purple Communications ,
Quickie Election Rules ,
Section 7 ,
Specialty Healthcare ,
Student Athletes ,
Temporary Employees ,
Trump Administration ,
Unions
In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more
6/14/2017
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employer Liability Issues ,
Hiring & Firing ,
Interrogations ,
Leave of Absence ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Text Messages ,
Unfair Labor Practices ,
Union Elections ,
Unions
May Day has historically been a day marked by workers’ rights protests, with union organizing activities and other employee advocacy actions taking place across the country on what is now known as “International Workers’...more
4/24/2017
/ Adverse Employment Action ,
Immigrants ,
NLRA ,
NLRB ,
Protests ,
Public Relations ,
SEIU ,
Strike ,
Trump Administration ,
Unfair Labor Practices ,
Unions ,
Workplace Communication
In yet another blow to employers, a National Labor Relations Board Administrative Law Judge recently upheld the right of employees who regularly work with customers to wear offensive union buttons prominently displaying the...more
NLRB Rejects Permanent Replacement Workers In Groundbreaking Ruling -
In an unprecedented 2-1 decision, the National Labor Relations Board recently held that a California continuing care facility violated the National...more
Employee walkouts and protests are likely to occur on a massive scale across the country on Tuesday, November 10, spurred on by the union-supported “Fight for $15” movement. Low-wage workers seeking higher pay and possible...more
11/6/2015
/ Best Management Practices ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Fast-Food Industry ,
Joint Employers ,
Minimum Wage ,
NLRB ,
Restaurant Industry ,
Right to Control ,
SEIU ,
Strike ,
Unions
Unless you’ve been hibernating, hiding under a rock, or vacationing in a location without Wi-Fi reception, you may have noticed that the last several months have been kinder to labor unions than any in recent memory. Changes...more