News & Analysis as of

The National Labor Relations Act Exemptions

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Balch & Bingham LLP

Non-Compete Contracts: Legally Undead

Balch & Bingham LLP on

Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to...more

DirectEmployers Association

OFCCP Week In Review: September 2021 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Bradley Arant Boult Cummings LLP

Weeding Out Claims by Agricultural Workers – The NLRA, the Agricultural Exemption, and the Cannabis Industry

In a recent Advice Response Memo, the National Labor Relations Board (NLRB) indicated that employees of a cannabis growing operation were exempt from the National Labor Relations Act (NLRA), meaning that the employees were...more

Nutter McClennen & Fish LLP

Union Organizing Raises Special Challenges for the Cannabis Industry

While marijuana remains illegal under federal law, it has been legalized in 15 states and the District of Columbia. Another 29 states have decriminalized marijuana or allowed its medical use, or both. This loosening of...more

Sheppard Mullin Richter & Hampton LLP

NLRB’s Division of Advice Determines Certain Workers in the Cannabis Industry Are Exempt From Federal Labor Law

On January 25, 2021, the NLRB Division of Advice (“the Division”) released a memo that may indicate a change in the way workers engaged in cannabis activities are covered under federal labor law. Under the NLRA, the right to...more

Wiley Rein LLP

A Prickly Situation: Employer-Mandated Vaccinations in a Global Pandemic

Wiley Rein LLP on

This month marked yet another milestone in the COVID-19 pandemic – but one more positive than the milestones that have come before it. On December 15, the first doses of the COVID-19 vaccine were administered to health care...more

DirectEmployers Association

OFCCP Week In Review: December 2019

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition,...more

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

New Orleans Charter School Operator Ordered to Bargain with Union

The Fifth Circuit Court of Appeals recently held that a New Orleans charter school was not a “political subdivision” exempt from the National Labor Relations Act (NLRA). The NLRA does not apply to States and their political...more

Cozen O'Connor

I-18- DC Update on Joint Employer and OT Issues, and Part 1 of an Expert Interview on Pay Equity Audits

Cozen O'Connor on

This episode of Employment Law Now provides an update on current DC initiatives to change joint employer and overtime exemption standards, as well as Part 1 of a two-part interview with a leading expert on conducting an...more

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