News & Analysis as of

Corporate Counsel Unions

Genova Burns LLC

Sixth Circuit Declines to Defer to NLRB Decision Citing Loper Bright

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There has been much speculation about how much deference the courts will give to federal administrative agencies,’ including the NLRB’s, statutory interpretations in the wake of the Supreme Court’s June Loper Bright decision...more

Fisher Phillips

Illinois Joins Trend to Ban “Captive Audience” Meetings: 5 Steps Employers Can Take to Comply

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Illinois just became the latest state to ban employers from holding mandatory meetings with employees concerning religious or political matters, including discussions on union representation. Such employer-sponsored meetings,...more

Husch Blackwell LLP

The Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part I

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Our Labor Law Insiders tackle the tricky business of collective bargaining in parts one and two of this Labor Law Insider. Host Tom Godar shares the microphone with Husch Blackwell attorneys Jon Anderson and Adam Doerr who...more

Fisher Phillips

NLRB Makes It Harder to Decertify Unions in Latest Pro-Labor Move: 3 Key Takeaways for Employers

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The National Labor Relations Board just ditched three Trump-era rules that had made it easier for workers to undo union representation. In a long-anticipated move, the NLRB issued a new regulation Friday scrapping agency...more

Proskauer - Labor Relations Update

Not So Fast:  D.C. Circuit Resists Invitation to Reject NLRB Deference

On July 5, 2024, in Hospital de la Concepcion v. NLRB, the D.C. Circuit was the first federal appeals court to weigh in on deference afforded to the National Labor Relations Board (“NLRB”) in the wake of the landmark U.S....more

Faegre Drinker Biddle & Reath LLP

NLRB: Noncompete and Employee Nonsolicitation Agreements Violate Covered Employees’ Section 7 Rights Under NLRA

On June 13, 2024, an administrative law judge (ALJ) of the National Labor Relations Board (the Board) joined the growing chorus of federal and state agencies condemning the use of restrictive covenants, in J.O. Mory, Inc.,...more

Fisher Phillips

SCOTUS Delivers Starbucks a Win in Labor Dispute: Here’s How the Ruling Impacts Employers

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The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said...more

Fisher Phillips

Will Trend to Limit Warehouse Production Quotas Go National? 3 Things Employers Should Know

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Congress is currently considering a bill that would restrict production quotas for warehouse workers and mandate certain safety measures, following in the footsteps of several states that have implemented similar...more

Seyfarth Shaw LLP

When Lawful Proposals Become Unlawful Bargaining Conduct: The Board Holds An Employer’s Adherence to Lawful Proposals Nonetheless...

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Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful...more

Proskauer - Labor Relations Update

The Honeymoon is Over: Strikes on the Rise…Even Before A First Contract

While extensive high-profile strike activity was heavily reported throughout 2023, it was – striking– to analyze the hard data regarding 2023 strike activity in Bloomberg’s annual report that was just released. The report...more

Fisher Phillips

Starbucks Asks SCOTUS for Clearer Standard for NLRB Injunctions: What Employers Need to Know

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In a case before the Supreme Court, Starbucks says it fired several employees for violating valid company policies — but the National Labor Relations Board convinced a lower court to reinstate the employees while a legal...more

Littler

D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

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Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more

Proskauer - Labor Relations Update

Eighth Circuit Upholds NLRB Bad Faith Bargaining Decision and Broad Remedies Order

On April 8, 2024, the U.S. Court of Appeals for the Eight Circuit, in United Food & Com. Workers’ Union, Loc. No. 293 v. Noah’s Ark Processors, LLC, No. 23-1895 (8th Cir. 2024), upheld the National Labor Relations Board’s...more

Baker Donelson

OSHA Clarifies "Walkaround" Rule with Newly Issued FAQ

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The Occupational Safety and Health Administration's (OSHA) final "Walkaround" Rule was published in the Federal Register on Friday, March 29, 2024. This rule, which goes into effect on May 31, 2024, is an expansion of the...more

Proskauer - Labor Relations Update

OSHA Issues Final Rule Allowing Employee Third-Party Representatives to Enter Workplace – Including Labor Unions

On March 29, 2024, the Department of Labor Occupational Safety and Health Administration (“OSHA”) released a final rule amending the Occupational Safety and Health Act of 1970 (“OSH Act”), clarifying who can serve as an...more

Conn Maciel Carey LLP

Game Changer for Pension Withdrawal Liability: Seventh Circuit Orders Return of Withdrawal Liability Payments

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Last Friday, a three-judge panel of the United States Court of Appeals for the Seventh Circuit reversed a district court’s decision upholding an arbitration award requiring an employer to pay more than $2.3 million in...more

Fisher Phillips

FP’s Interactive Union Organizing Activity Map Reveals 4 Key Trends

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While you may think labor unions only impact large corporations or specific industries, FP’s new Union Organizing Activity Map actually shows that smaller businesses are more likely to confront an organizing drive. The map...more

Littler

Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

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On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down regulations promulgated by the National Labor Relations Board (the “NLRB” or “Board”) defining joint employment (the “new Rule” or “2023...more

BCLP

NLRB Regional Director Determines Dartmouth Basketball Players Are Employees

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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

Fisher Phillips

SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

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The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to...more

Constangy, Brooks, Smith & Prophete, LLP

Employee engagement. Be careful how you seek it.

In the 21st century world of employee relations, most corporate cultures and mission statements include a tenet regarding employee engagement. Engaged employees are believed to be more productive and less likely to leave for...more

Fisher Phillips

Court Orders Employer to Jail Unless He Complies with Union Fringe Benefit Fund Audit Request

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Employers are far behind the eight ball when union fringe benefit funds come knocking to audit or collect claimed delinquent contributions – and a recent decision from an Oregon federal judge means that employers could face...more

Littler

New York City Passes Bill Requiring Employers to Provide an “Employee Bill of Rights” to All Employees Regardless of Immigration...

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On December 3, 2023, the New York City Council passed a bill requiring the Department of Consumer and Worker Production (DCWP), in coordination with the Mayor’s Office of Immigrant Affairs (MOIA), the New York City Commission...more

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

What’s Going on in Mexico This Week? Congress Considers 40-Hour Workweek, Amendments to Federal Labor and Employment Laws

Mexico’s Congress has continued to make progress on several legislative items of importance to employers and employees alike, including, most especially, a proposed reduction in the maximum number of workweek hours....more

Chartwell Law

Amazon Labor Union Gets Big Win Before ALJ

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On November 21, 2023, Administrative Law Judge Lauren Esposito found that Amazon.com Services LLC (“Amazon”) violated the National Labor Relations Act (the “Act”). Amazon’s actions offer a cautionary tale for employers, who...more

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