On Friday, March 8, 2024, the United States District Court of the Eastern District of Texas entered an order that struck down the National Labor Relations Board's recently adopted 2023 regulations defining joint employer...more
The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more
8/4/2023
/ Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Regulatory Agenda ,
Unfair Labor Practices ,
Unions
Can a union be sued by management for destroying company property during a strike? On June 1, 2023, the U.S. Supreme Court answered the question in the affirmative....more
6/7/2023
/ Civil Liability ,
Glacier Northwest v International Brotherhood of Teamsters ,
NLRA ,
NLRB ,
Preemption ,
Private Property ,
Property Damage ,
SCOTUS ,
State Law Claims ,
Strike ,
Teamsters ,
Unions
In a ruling that will impact both union and non-union employees, the National Labor Relations Board (“NLRB”) held that standard non-disparagement and confidentiality provisions contained in a severance agreement were invalid...more
On December 13, 2022, the National Labor Relations Board (NLRB) expanded the remedies that may be awarded in unfair labor practice cases. The board ruled 3-2 that affected employees may recover compensation for "all...more
12/16/2022
/ Bargaining Units ,
Collective Bargaining ,
Compensatory Damages ,
Damages ,
Employer Liability Issues ,
Labor Regulations ,
Labor Relations ,
Make-Whole Doctrine ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
National Labor Relations Board (NLRB) General Counsel (GC), Jennifer Abruzzo, has issued a memorandum stating her intent to seek to change the NLRB's longstanding rule allowing employers to hold mandatory meetings during...more
On November 10, 2021, the NLRB General Counsel issued a memorandum discussing the bargaining obligations imposed on covered employers under OSHA's Emergency Temporary Standard to Protect Workers from Coronavirus ("ETS")....more
11/15/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Good Faith ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Temporary Regulations ,
Unfair Labor Practices ,
Unions ,
Vaccinations
On September 29, 2021, National Labor Relations Board ("NLRB") General Counsel Jennifer Abruzzo issued a memorandum describing her intent to treat scholarship athletes at Division-I Football Bowl Subdivision ("FBS")...more
9/30/2021
/ Colleges ,
Corporate Counsel ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Retaliation ,
Scholarships ,
Student Athletes ,
Student Employees ,
Universities
In a decision that may concern employers, the Supreme Court held on June 23, 2021, that a California state regulation that required agricultural employers to allow union organizers onto their property for up to three hours...more
6/28/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
NLRA ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers