In Starbucks v. McKinney, the Supreme Court of the United States (SCOTUS) ruled that the National Labor Relations Board (NLRB) must meet the same standard as other ordinary litigants in order to obtain an injunction from the...more
What does it mean if a union makes a “demand for recognition,” or “request for voluntary recognition” to an employer? What does a union mean when it says it has a “showing of interest” or “proof of majority support” or...more
On March 24, 2023, Gov. Gretchen Whitmer signed into law reconciled Senate Bill 34/House Bill HB4005, which officially repealed Michigan’s “right-to-work” law, which has been in effect since 2012.
The core issue that...more
On May 7, 2020, the Supreme Court of the United States decided Kelly v. United States, No. 18-1059, holding that for purposes of the federal wire fraud or federal-program fraud statutes, there can be no criminal violation...more
5/10/2020
/ Appeals ,
Bridgegate ,
Criminal Convictions ,
Federal-Program Fraud ,
Governor Christie ,
Intent to Obtain Money or Property ,
Kelly v United States ,
Political Scandals ,
Public Officials ,
Reversal ,
SCOTUS ,
Wire Fraud
On April 1, 2020, the National Labor Relations Board (NLRB) finalized its prior Notice of Proposed Rulemaking from August 12, 2019, enacting several significant changes to its union election procedures. Generally, these...more
Beginning May 31, 2020, the time from petition to union election is slated to double, creating new opportunities for employers. As mentioned in our December 2019 article, the National Labor Relations Board (NLRB), via...more
The National Labor Relations Board (NLRB) likes to act in December, partly because that’s often when Board member terms end, and 2019 is no exception. Democrat Member Lauren McFerran’s term expired on December 16, leaving...more
Employers should begin preparing for the potential for an increased minimum salary threshold that would make more than a million white-collar workers eligible for overtime pay starting in 2020.
On March 7, 2019, the...more
Employers in California must compensate workers for all reasonably measurable time worked, according to a California Supreme Court ruling on July 26, 2018. A unanimous court held that the so-called “de minimis” rule...more
On May 21, 2018, the U.S. Supreme Court held that employees can waive their right to participate in a collective action under the Fair Labor Standards Act (FLSA). This is a major victory for employers seeking to limit...more
The California Supreme Court issued its long-awaited opinion in Dynamex Operations West v. Superior Court, in which the court considered the appropriate test to use when determining whether a worker is an employee or...more
In Skiba v. Illinois Central Railroad Company, the Seventh Circuit issued a helpful decision for employers facing retaliation claims under Title VII and the Age Discrimination in Employment Act (ADEA).
The case involved a...more
At this moment the Supreme Court is considering a consolidated appeal from three federal circuits that have split on the question of whether employees may waive their rights to file a collective action lawsuit under the...more
On September 28, 2017, the Supreme Court announced it will consider for a second time whether service advisors in automobile dealerships are exempt from overtime compensation under the Fair Labor Standards Act (FLSA)....more