Wage and Hour, Administrative Law Judge (ALJ), Collective Bargaining

Uphill Battle for Employer Unilateral Changes as NLRB Returns to “Clear and Unmistakable Waiver” Standard

Jackson Lewis P.C. on 12/16/2024

The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...more

Sixth Circuit Clarifies Employer’s Bargaining Obligations During Public Health Emergencies

Littler on 10/10/2024

In National Labor Relations Board v. Metro Man IV, LLC, Case No. 07-CA-264407 (6th Cir. Aug. 29, 2024), the U.S. Court of Appeals for the Sixth Circuit partly upheld and partly reversed a National Labor Relations Board...more

Second Circuit Adopts “Contract Coverage” Standard as Governing Standard for Unilateral Changes

Proskauer - Labor Relations Update on 8/18/2021

The NLRB’s “contract coverage” standard for determining whether a collective bargaining agreement privileges an employer to unilaterally change terms and conditions of employment received support last week from a federal...more

NLRB Upholds Employer’s Bargaining And Demotions Post-Impasse As Lawful

Proskauer - Labor Relations Update on 2/15/2020

In its January 31, 2020 decision in Phillips 66, 369 NLRB No. 13 (January 31, 2020) the Board reversed a number of findings of unfair labor practices found by an Administrative Law Judge related to the employer’s conduct...more

It’s OK to Be Different- NLRB Rules That Union Represented Employees Are Not Entitled to Midterm Bargaining Over Same Paid Holiday...

Sheppard Mullin Richter & Hampton LLP on 6/6/2019

Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees who are covered by a collective bargaining...more

Employer’s Grant of Extra Holiday to All Employees Except Those Represented by Union Not Unlawful, NLRB Rules

Proskauer - Labor Relations Update on 6/4/2019

Employers with union-represented employees also always have non-union employees, whether working in the office or at another worksite. Invariably, there are differences between the wages, benefits, and terms and conditions of...more

Beltway Buzz - April 2019 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/22/2019

EEO-1 Update. Like an army of frozen zombies descending on the North, the EEO-1 wage collection matter will not die, and its arrival is becoming more imminent with each passing day. On April 16, 2019, the U.S. District Court...more

NLRB Majority: Unqualified Notice to Picket Jobsite Where Neutrals Are Present Violates Act

Proskauer - Labor Relations Update on 1/14/2019

We recently saw interesting decisions from the NLRB including cases about the employer’s duty to provide information about tax cuts, the lawfulness of litigation holds, and the validity of decertification petitions. At the...more

NLRB Majority Decides 50-50 Balls In Employer Favor

Proskauer - Labor Relations Update on 10/16/2018

The NLRB has been in a period of dormancy. When the make-up of the Board changed, a lot of people expected an onslaught of NLRB decisions reversing the reversals of precedent made by the agency in the last 8 years. Except...more

Second Circuit Denies NLRB’s Attempt to Issue Bargaining Order Against Novelis Corp.

Seyfarth Shaw LLP on 3/19/2018

Seyfarth Synopsis: On March 15, 2018, the Second Circuit Court of Appeals issued its decision in Novelis Corp., et al. v. NLRB, et al., upholding several unfair labor practices against Novelis Corp., but due to passage of...more

Pair of NLRB ALJ Decisions Find Unions Violated NLRA

Proskauer - Labor Relations Update on 11/13/2017

It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new...more

Franchisors Could Be “Joint Employers” Under NLRB’s Newly Expanded Test

Perkins Coie on 9/1/2015

Overturning over 30 years of precedent, the National Labor Relations Board (NLRB) on August 27, 2015, “refined” its test for determining whether two separate and independent business entities are a “joint employer” of the...more

Events Planning Company Fined over $600,000 for Serious I-9 Paperwork Violations

FordHarrison on 7/20/2015

On July 8, 2015, an administrative law judge (ALJ) ordered Hartmann Studios to pay a fine of over $600,000 for more than 800 I-9 paperwork violations, the largest fine awarded by an ALJ for paperwork violations to date. In...more

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