Managing Employee Compliance in Highly Regulated Industries — Hiring to Firing Podcast
The Labor Law Insider: Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education
Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare
Protecting Trade Secrets When Facing Lawsuits or Alternative Dispute Resolution Procedures
Episode 138 -- Employee Relations and Engagement in the COVID-19 Pandemic Era
Day 19 of One Month to More Effective Continuous Improvement-Use of Social Media for Continuous Improvement
The National Labor Relations Board (the Board) is the federal agency tasked with administering the National Labor Relations Act (the NLRA). Chief among its responsibilities is governing the union recognition process in the...more
On May 14, 2024, the United States District Court of Massachusetts granted the National Labor Relations Board’s first petition for injunctive relief under the new framework announced last year in Cemex Construction Materials...more
Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more
In a hotly contested case, the NLRB regional director for the region covering most of New England has found that Basketball Players at Dartmouth are the university’s “employees” under the National Labor Relations Act. They...more
On November 16, 2023, a federal court in Colorado issued a lengthy opinion granting in part a petition for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act (the “Act”). Lomax v. Longmont...more
Determining the TBU at the start of the social elections process. The 2024 social elections are scheduled for 13-26 May, when workers will elect their representatives on the works council and the health and safety...more
For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of...more
The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including manufacturers, without a secret ballot election. The NLRB’s new standard (announced in Cemex Construction...more
It’s a cruel summer for employers as the National Labor Relations Board (the “Board”) issued both new election rules, and a landmark decision that upended decades of precedent and lowered the threshold for the Board to issue...more
In its recent Cemex Construction decision, the National Labor Relations Board (NLRB) abandoned two fundamental rules enshrined in Supreme Court case law. Both of those Supreme Court decisions prioritized secret ballot...more
For more than 50 years, the National Labor Relations Board had held — with Supreme Court approval — that when a union claimed to represent an employer’s workforce, the employer could refuse to recognize the union, leaving the...more
The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more
On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new,...more
On August 25, 2023, the National Labor Relations Board (“NLRB” or “Board”) released its highly anticipated decision in Cemex Construction Materials Pacific (“Cemex”), NLRB Case No. 28-CA-230115. Cemex involved allegations...more
In a monumental sea change, on August 25, 2023, the National Labor Relations Board (NLRB) issued a decision in Cemex Construction Materials Pacific, LLC announcing a new rule for deciding when employers must bargain with...more
2022 Proposed Rules and Legislation - Joint Employer Status: Proposed Rulemaking - On September 6, 2022, the Board released a Notice of Proposed Rulemaking to establish a new “joint employer” legal standard under the...more
Over the weekend, Senate Democrats defied midterm election historical trends and maintained control of their narrow majority in the Senate. In Nevada, Democratic Senator Catherine Cortez Masto narrowly defeated Republican...more
In a recent decision, FDRLST Media, LLC v. National Labor Relations Board (No. 20-3434 & 3492 3rd Cir. May 20, 2022), the United States Court of Appeals for the Third Circuit (“Court”) denied enforcement of an order of the...more
Union efforts to organize workers are on the rise. Most notably, several high-profile employers are at the forefront of recent union campaigns, including Amazon, Starbucks and now Apple. Employees at Amazon’s Staten Island,...more
The general counsel for the National Labor Relations Board (the Board), Jennifer Abruzzo, on April 11, 2022, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, LLC, 28-CA-230115 et al.,...more
Employers facing union representation elections have spent the pandemic trying to satisfy the National Labor Relations Board’s (Board) requirements to hold a manual, ballot box election, only to be refused in the vast...more
In an NLRB decision this week in the case of Miller & Anderson, Inc. and Tradesmen International and Sheet Metal Workers International Association, Local Union No. 19, AFL–CIO, the NLRB has made it easier for Unions to...more