In-N-Out Burger, Incorporated (In-N-Out) found itself on the wrong side of National Labor Relations Board (NLRB) unfair labor practice proceedings for prohibiting its employees from "wearing any type of pin or stickers" on...more
The United States Supreme Court issued its long-anticipated decision in Janus v. American Federation of State, County and Municipal Employee Council 31 on June 27, 2018. The five to four majority held that requiring...more
7/2/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
Nicholson Terminal & Dock Company
ALJ Decision (07-CA-187907)
An Administrative Law Judge (ALJ) of the National Labor Relations Board (NLRB) recently evaluated Nicholson Terminal & Dock Company's (Nicholson) Personnel...more
Too often, we think of Americans with Disabilities Act (“ADA”) claims in terms of discrimination and failure to accommodate. Employment lawyers typically see interference claims in the context of other employment statutes,...more
A number of key legislative initiatives are currently pending before Congress which, if passed, will significantly impact the rights of employers and employees. These bills address a variety of subjects, including union...more
9/27/2017
/ Corporate Counsel ,
E-Verify ,
Employee Privacy Rights ,
Employment Eligibility Verification ,
Joint Employers ,
Medical Leave ,
NLRA ,
NLRB ,
Paid Family Leave Law ,
Quickie Election Rules ,
Unions ,
Wellness Programs
The stage is set for reconsideration and possible reversal of the NLRB’s decision in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011), which allows "micro-units" of employees to organize a...more
OSHA recently announced it will no longer bring union representatives to inspections of non-unionized workplaces. As a result, barring a designation by an employee (which I'll discuss further below), non-unionized employers...more
In Minteq v. NLRA, the United States Court of Appeals for the District of Columbia Circuit held an employer committed an unfair labor practice under Section 8 (a)(5) by failing to notify and bargain with a union over its...more
With the election of Donald Trump and transition to a Republican administration looming, employers are scrambling to predict what impact Trump will have on labor and employment policy and enforcement initiatives. What...more
11/14/2016
/ Affirmative Action ,
Audits ,
Department of Labor (DOL) ,
EEO-1 ,
Employment Policies ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Fiduciary Rule ,
NLRB ,
OFCCP ,
Right to Work ,
Trump Administration ,
Wellness Programs
The National Labor Relations Board (“Board”) recently denied review of its ruling in American Baptist Homes. That ruling upended the decades-old bright line test that an “independent unlawful purpose” is established only when...more
In New Guidance, DOL Gets Aggressive on “Joint Employment” -
By issuing a new interpretative document in January, the U.S. Department of Labor’s Wage and Hour Division attempted to clarify the concept of “joint...more
2/3/2016
/ Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Controlled Substances Act ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
Medical Marijuana ,
Mootness ,
Preemption ,
Rule 68 ,
SCOTUS ,
Settlement Offer
By issuing a new interpretative document (bearing the catchy title “Administrator’s Interpretation No. 2016-1”), the U.S. Department of Labor's Wage and Hour Division has attempted to clarify the concept of “joint employment”...more