The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part II
Long-Term Remote Work Strategies
Deflating the Union Rat
I-24 – Thankful for Volume 1, 2017, and Relationships
Congratulations to the 2025 World Series Champions, the Los Angeles Dodgers. Their dramatic Game 7 win over the Toronto Blue Jays completed their quest for the rare baseball accomplishment of back-to-back championships. One...more
Tense negotiations on Broadway this month provide a vivid reminder of how fragile labor relations can become when economic pressures collide with workforce demands, underscoring the importance of proactive legal guidance for...more
California lawmakers were busy this year, and Gov. Gavin Newsom just signed many bills into law that will impact the workplace starting in 2026. Here is a snapshot guide of some of the top new workplace laws taking effect...more
The National Labor Relations Board (NLRB) just sued New York over its new labor law that attempts to regulate areas that the Board claims are “explicitly reserved for federal oversight.” As more states consider measures to...more
The National Labor Relations Act (“NLRA”) governs private sector labor relations in the United States. If there is a labor dispute between a private sector employer and an employee, then the National Labor Relations Board...more
As we discussed in June, the New York State Legislature passed a bill usurping the power of the National Labor Relations Board (“NLRB” or “Board”) to regulate labor disputes in the private sector while the Board lacks a...more
The National Labor Relations Board remains without a quorum, leaving key decisions and enforcement actions on hold. In the meantime, state legislatures across the country have introduced new labor laws that increase employer...more
Recent uncertainty at the federal level involving labor relations disputes has prompted states to take action, particularly since the National Labor Relations Board (NLRB) currently has too many vacancies to issue decisions....more
Sometimes employers are subject to multiple collective bargaining agreements (CBA’s) that allow different unions to perform the same work for the employer. When this issue arises, the employer cannot resolve the dispute...more
A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are...more
The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more
On June 13, 2024, the Supreme Court resolved a long-standing split among circuit courts when it issued a ruling in a high-profile labor dispute between Starbucks and the NLRB. The case originated in Memphis, Tennessee, where,...more
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
The U.S. Court of Appeals for the D.C. Circuit sent an unfair labor practice case back to the National Labor Relations Board (NLRB) because the agency failed to consider the contract-based defenses of an employer accused of...more
The National Labor Relations Board (NLRB) issued a controversial rule change to its longstanding “joint employer rule” in October of 2023, which dramatically lowered the thresholds by which a company could be deemed jointly...more
As 2024 approaches, employers should be mindful of the following 2023 employment requirements, as well as laws which are effective January 1, 2024....more
In a recent and highly unusual turn of events, the United States Court of Appeals for the Seventh Circuit (Seventh Circuit) has ordered U.S. Marshals to take corporate officials of Haven Salon + Spa (Haven) into custody for...more
The National Labor Relations Board has returned to the “totality of the circumstances” test for determining when individual employee action constitutes protected concerted activity. Miller Plastic Products, Inc., 372 NLRB No....more
The Supreme Court came down hard on unions last month when it held that a company may bring state law tort claims against a union for property damage caused during a strike. The Court held that the federal law governing labor...more
On June 9, 2023, Illinois Governor J. B. Pritzker signed into law HB 2907 and HB 3396, amending the Illinois Labor Disputes Act (“Act”) to expand protections for striking workers. The new law restricts defensive measures...more
The National Labor Relations Act does not preempt a company’s state tort claims alleging a union’s intentional destruction of company property during a labor dispute, the U.S. Supreme Court has held in an 8-1 decision....more
This article addresses the key legal issues and best practices regarding reserved gate systems, which are also sometimes referred to as dual gate or two-gate systems. Employers implement reserved gate systems when union...more
We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes, and other activities by...more
The new year begins with one of the most anticipated labor cases on the high court’s docket in decades. On January 10, 2023, the U.S. Supreme Court heard oral argument in Glacier Northwest, Inc. v. International Brotherhood...more
Imagine this: a nurse leaves the operating room during spinal surgery to participate in a union action, the employer terminates the nurse, and the National Labor Relations Board (NLRB) holds that the employer violated federal...more