News & Analysis as of September 20, 2024

National Labor Relations Board › Civil Rights Act

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Managing Political Speech in the Workplace

Husch Blackwell LLP on 9/9/2024

As the 2024 general election draws near, employers can anticipate a rise in political expression from employees both inside and outside of the workplace. Political speech encompasses a broad array of activities, extending far...more

Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial

Proskauer - Labor Relations Update on 9/5/2024

On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of...more

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

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

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

BakerHostetler on 3/1/2024

On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

Deciphered Insights: Labor and Employment Legal Considerations

Ward and Smith, P.A. on 1/29/2024

Five Ward and Smith attorneys provided updates related to employment law, including non-compete agreements, unionization efforts, pregnancy laws, and overtime rules for exempt employees, during the firm’s recent In-House...more

College Athletes as Employees: Landmark Case Could Reshape Collegiate Athletics

Kohrman Jackson & Krantz LLP on 9/13/2023

In a pivotal legal battle, the Third Circuit is currently deliberating whether college athletes should be considered employees under the Fair Labor Standards Act for the purpose of receiving wages. This landmark case could...more

Policy Matters Newsletter - July 2023

Seyfarth Shaw LLP on 7/27/2023

After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on 7/18/2023

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Busy Inside the Beltway: Recent Activity by the DOL, EEOC, NLRB and FTC

BCLP on 6/8/2023

Federal agencies responsible for employment-related matters have been busy in recent weeks issuing guidance, updated workplace posters, and more. Let’s get caught up...more

Littler Lightbulb – January Employment Appellate Roundup

Littler on 2/1/2023

At the Supreme Court - Recovery of Damages for Property Destroyed During a Strike. On January 10, 2023, the Supreme Court heard oral argument in Glacier Northwest v. International Brotherhood of Teamsters. At issue is...more

When Employment and Traditional Labor Collide: Whole Foods Wins One in the Ongoing Legal Battle Concerning Black Lives Matter...

Sherman & Howard L.L.C. on 1/31/2023

Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...more

NLRB Unleashes New Damages Against Labor Law Violators

Foley & Lardner LLP on 12/15/2022

On Tuesday, December 13, 2022 to the National Labor Relations Board ("NLRB”) issued a decision that could have profound effect on employers in all industries, regardless if they have a union. In Thrryv, Inc., the NLRB ruled...more

Weekly Checklist: It’s Time to Update Your Employee Appearance Policy for 2023

Fisher Phillips on 12/12/2022

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

Looking Back: Spotlight on Justice Breyer’s Employment Law Legacy

Jackson Lewis P.C. on 2/23/2022

On January 27, 2022, Justice Stephen Breyer formally announced his retirement from the nine-member U.S. Supreme Court, effective at the start of the 2022 summer recess....more

UPDATE: The COVID-19 Vaccine Rollout: What Employers Need to Know

Akin Gump Strauss Hauer & Feld LLP on 8/9/2021

To account for legal developments since our last FAQ concerning employer COVID-19 vaccination policies, we provide updated answers to questions and address additional questions about discrimination, wage and hour, collective...more

Labor and Employment Legal Issues Post-Pandemic

Spilman Thomas & Battle, PLLC on 5/10/2021

As vaccines are rolled out nationwide and are available to any adult who wants one, we appear on the cusp of a return to some level of normalcy. With that return to normalcy will come an increased focus on...more

EEOC Roundup, Part II: The Latest Personnel Changes at the Agency and How They Are Expected to Shape Policy

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/5/2021

There is an old saying in Washington, D.C., that personnel is policy. It is common sense: whoever is in charge of a federal agency or subagency will impart his or her own particular policy preferences on the agency’s...more

The Top 20 Non-COVID Workplace Law Stories Of 2020

Fisher Phillips on 12/11/2020

That this past year was the most challenging year in your professional life is an almost certainty. You were forced to learn entirely new statutory schemes, absorb new local health directives on a near-daily basis, create a...more

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Hinshaw & Culbertson - Employment Law... on 11/9/2020

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Beltway Buzz - September 2020 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2020

“Skinny” Coronavirus Package Blocked. Congress returned to Washington, D.C., this week following an August recess, but didn’t do much to move the ball forward on pressing issues such as coronavirus relief, postal service aid,...more

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

Fisher Phillips on 8/5/2020

You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

June 2020: The Top 21 Labor And Employment Law Stories

Fisher Phillips on 8/3/2020

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Long Awaited – Abusive Conduct Is Not Protected Activity

Husch Blackwell LLP on 7/24/2020

On July 21, 2020, the NLRB released the decision General Motors LLC and Charles Robinson (GM) which is significant not only for its substance but for its timing. The GM decision held that abusive conduct and speech is not...more

NLRB Upends Context-Specific Tests for Profane Conduct, Folding Such Discipline Into Traditional Motivation Tests For Evaluating...

Proskauer - Labor Relations Update on 7/23/2020

In another long-anticipated decision, on July 21, 2020, in General Motors LLC, 369 NLRB No. 127 (2020), the Board replaced three context-specific rules for determining whether certain abusive conduct committed by employees is...more

A Return to Workplace Civility: The NLRB Adopts the Wright Line Burden-Shifting Approach to Section 7 Speech

Littler on 7/23/2020

During a pandemic, protests, and a polarized election season, employers have walked an ever-increasingly fine line between protecting employee speech in the workplace and enforcing rules on workplace conduct....more

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National Labor Relations Board › Civil Rights Act

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