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Collective Bargaining

Stikeman Elliott LLP

Check-in on Card Check: British Columbia Sees 20-Year Record in Union Organizing Activity

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After amending the Labour Relations Code (the “Code”) in 2022 to allow for automatic card-check certification, 2023 saw the highest number of union certification applications in British Columbia since 2001....more

Littler

A Rocky Mountain Remix for Protected Concerted Activity: Colorado Adopts Rules for the Protections of Public Workers Act, Creating...

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On February 26, 2024, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (the “Division”) adopted final rules for the Protections for Public Workers Act (PROPWA). As previously...more

Littler

Ontario, Canada Government Repeals Bill 124 in its Entirety After Appeal Court Decision

Littler on

On February 12, 2024, in Ontario English Catholic Teachers Association v. Ontario (Attorney General), 2024 ONCA 101, the majority of the Ontario Court of Appeal (OCA) upheld, in part, the decision of the Ontario Superior...more

Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on

Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable...more

Bond Schoeneck & King PLLC

Texas Federal Court Strikes Down NLRB Joint Employer Rule

On March 8, 2024, the Eastern District of Texas issued a decision striking down the National Labor Relations Board’s (NLRB or Board) recently-adopted rule governing the standard for joint employer status, further delaying the...more

McNees Wallace & Nurick LLC

Janus Holding Does Not Relieve Public Sector Employees of Contractual Obligations to Pay Dues

Way back in 2018, we wrote about the Supreme Court of the United States’ decision in Janus, which held that compelling public sector employees to pay “fair share fees” to unions violates the First Amendment. As a refresher, a...more

Morgan, Brown & Joy, LLP

Federal Court Vacates NLRB’s New Joint Employment Rule and Enjoins Its Enforcement Against Employers

On March 8, 2024, the United States District Court for the Eastern District of Texas issued a decision vacating the NLRB’s new rule governing the status of a “joint employer” under the National Labor Relations Act (NLRA) and...more

Polsinelli

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

Polsinelli on

On the eve of its going into effect, a federal court struck down the expansive joint-employment standard announced by the National Labor Relations Board (“NLRB” or “Board”) last fall. At issue is who may be considered a...more

Foley & Lardner LLP

Texas Court Strikes Down NLRB’s Latest Joint Employer Rule

Foley & Lardner LLP on

As most employers are aware, last year the National Labor Relations Board (NLRB or “the Board”) published its final rule on joint employer status (the “Final Rule”). The Final Rule focuses on shared control, including...more

Ward and Smith, P.A.

"You Can't Say That!" Or Can You? Words of Protest on Company-Provided Apparel Under the National Labor Relations Act

Ward and Smith, P.A. on

Few governmental agencies can require private employers to permit their employees to say things on the job, in the presence of customers and co-workers, that employers don’t like. But the National Labor Relations Board can....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Dartmouth Basketball Players Vote to Be First College Athletes Represented by a Union

On March 5, 2024, players on the Dartmouth College men’s basketball team voted to unionize, making the group the first college sports team to do so in the United States. Dartmouth College has already filed an appeal with the...more

Ervin Cohen & Jessup LLP

Local 11 Union Scores Ninth Circuit Win

On February 22, 2024, a panel of judges for the United States Court of Appeals for the Ninth Circuit issued an unpublished opinion upholding enforcement of a National Labor Relations Board (“NLRB”) order holding that a...more

Benesch

Union Election Petitions in 2024: The Story So Far; Employer Petitions Skyrocket, but Don’t Detract from Union Petition Rates

Benesch on

The Fallout from the NLRB’s Cemex Decision - As we previously addressed, the National Labor Relations Board’s (NLRB) August 25, 2023, decision in Cemex Construction Materials Pacific, LLC overturned long-established...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 3

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In Part One of our 3-part series, we touched on the background and landscape that led up to the Dartmouth decision. In Part Two, we explored the decision itself and pulled on the strings that the National Labor Relations...more

Proskauer - Labor Relations Update

Undergraduate Bargaining Units Are Here to Stay—and 20,000 Members Stronger

A growing trend of union organizing among undergraduate student workers reached a crescendo last week when a unit of 20,000 student assistants at California State University voted in favor of unionization. California...more

Constangy, Brooks, Smith & Prophete, LLP

MLB and Players Union pursue exemptions from state wage-hour laws

The players say, “No thanks.” Florida and California are seen as polar opposites when it comes to policy and lawmaking. However, there is at least one thing they seem to agree on – minor league baseball players should be...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 2

Bricker Graydon LLP on

Having introduced the cast and set the scene in part 1 of this 3-part series, we turn now to the details. But before doing so, let’s get one thing out of the way – you likely won’t have unionized players on campus...more

Foley & Lardner LLP

Minimizing National Labor Relations Act Liability for Employers with Non-Unionized Workforces

Foley & Lardner LLP on

Employers with a non-unionized workforce often mistakenly believe that they are not covered by the National Labor Relations Act (NLRA or the “Act”). The NLRA is most commonly known as the law that guarantees employees the...more

BCLP

CMA Hits Accelerator on Enforcement of UK Labour Markets

BCLP on

Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan....more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 1

Bricker Graydon LLP on

It wasn’t cash, an NIL deal, or even an athletic scholarship, but it was compensation according to National Labor Relations Board (NLRB) Region 1 Director, Laura Sacks. By providing its men’s basketball team with apparel,...more

Parker Poe Adams & Bernstein LLP

NLRB Holds That College Basketball Players Are 'Employees'

This week, the regional director for Region 1 of the National Labor Relations Board issued an opinion that could usher in a wave of unionization efforts among college athletes. Fifteen members of the Dartmouth men’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Regional Director Rules Dartmouth College Basketball Players Are Employees, Setting Up Potential Landmark Board Case

On February 5, 2024, a regional director for the National Labor Relations Board (NLRB) in Boston ruled that men’s college basketball players at Dartmouth College are “employees” within the meaning of the National Labor...more

Maynard Nexsen

Dartmouth Basketball Players Cleared for Unionization Vote

Maynard Nexsen on

Although it is not yet March, colleges and universities may nevertheless find themselves in the midst of a new kind of “madness” as they face the reality that certain collegiate athletes now constitute employees who can...more

BCLP

NLRB Regional Director Determines Dartmouth Basketball Players Are Employees

BCLP on

In a much-anticipated decision issued on Monday, February 5, 2024, Region 01 of the National Labor Relations Board (the “NLRB”) decided that the players on the Dartmouth College men’s basketball team qualify as employees...more

Ius Laboris

Argentina’s new president issues emergency decree on labour matters

Ius Laboris on

In November 2023, the economist Javier Milei was elected as the new president of Argentina. He took office in December 2023. One of his first measures was to issue an emergency decree that included a chapter dealing with...more

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