Long-Term Remote Work Strategies
Deflating the Union Rat
I-24 – Thankful for Volume 1, 2017, and Relationships
On September 30, 2024, the International Longshoremen’s Association (ILA) labor agreement with U.S. East Coast and Gulf Coast port operators ends. With negotiations over the summer unsuccessful, the possibility of a strike...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
In Michigan AFSCME Council 25 v. County of Wayne, the Supreme Court of Michigan declined an application filed by Michigan AFSCME Council 25 and Affiliated Local 101 for leave to appeal a judgment of the circuit court and...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
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
The rise of the use of generative artificial intelligence (GAI) to produce original written material has left authors and writers across industries feeling threatened. This was one major factor that led to the Writers Guild...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
Actors and screenwriters in the US are on strike, seeking better pay and protections around the use of AI in their industry. Actors in the United States began strike action on 14 July in a dispute with studios over pay,...more
In the 1980 sequel to Star Wars, the Empire Strikes Back, the Imperial fleet of the Evil Empire, ruled by Darth Vader, attacks the Rebels and heroes of Star Wars: Han Solo, Leia, Chewbacca, C3PO and crew. In the end, the...more
In the words of the Los Angeles Times, it is a “Hot Labor Summer” in southern California. At this time: • The WGA (Writers’ Guild of America) has been on strike since May 2nd (11,000 writers on strike). • Beginning July...more
The issue of artificial intelligence has emerged as a key issue in the strikes being waged by screenwriters and actors against television and movie production companies, being called an “existential threat” to creative...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
Gig Economy & Technology- NEW YORK — NYPD Rolls Out Robotic “Digidog”- The New York Police Department (NYPD) recently announced a series of high-tech security, including a robotic “digidog” to be used in life-threatening...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
DOL Extends IC Proposal Comment Period. On October 25, 2022, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced an extension of the public comment period for its proposal to amend the independent contractor...more
The U.S. Supreme Court’s upcoming term will include review of whether the National Labor Relations Act (the “Act”) preempts state court lawsuits for property damage caused during strikes, which could have significant...more
I still think an emoji would have helped. A couple of years ago, I posted about a decision from an administrative law judge who found that Ben Domenech, co-founder and Executive Officer of FDRLST Media, LLC, and publisher...more