In Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local 174, No. 21-1449 (sl. op.), the U.S. Supreme Court revisited Garmon preemption. The Court reviewed the Washington state Supreme Court's dismissal of a...more
6/6/2023
/ Collective Bargaining ,
Commercial Truck Drivers ,
NLRA ,
NLRB ,
Preemption ,
Property Damage ,
Protected Activity ,
Strike ,
Teamsters ,
Unions ,
WA Supreme Court
The U.S. Supreme Court today reached split decisions on the so-called vaccination mandates issued, respectively, by the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services...more
1/14/2022
/ Administrative Authority ,
Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preemption ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The U.S. Supreme Court today heard oral argument on applications to stay both the Occupational Safety and Health Administration (OSHA) and Centers for Medicare & Medicaid Services (CMS) vaccine mandates. As in prior cases...more
The litigation over federal vaccine mandates has encountered its latest dramatic twist. The U.S. Supreme Court will hear oral argument on Jan. 7, 2022, on whether to stay lower-court decisions on the Occupational Health and...more
OSHA published an ETS on Nov. 5, 2021, that applies to employers in all workplaces that are under OSHA's authority and jurisdiction that have more than 100 employees companywide. The ETS requires, with certain exceptions,...more
12/20/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Masks ,
Multidistrict Litigation ,
Order to Lift Stay ,
OSHA ,
Petition for Writ of Certiorari ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
OSHA published an ETS on Nov. 5, 2021, that applies to employers in all workplaces that are under OSHA's authority and jurisdiction that have more than 100 employees firmwide or companywide. The ETS requires, with certain...more
On Nov. 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily stayed the Occupational Safety and Health Administration's (OSHA) emergency temporary standard (ETS) on COVID-19 vaccination and testing. The Fifth...more
In International Brotherhood of Electrical Workers, Local Union 43 v. National Labor Relations Board, the U.S. Court of Appeals for the Second Circuit became the first court to explicitly approve the National Labor Relations...more
Everyone has experienced "workplace politics" (in which Type A employees claw their way to the top ahead of co-workers) as well as "politics in the workplace" (in which employees argue about candidates for office and...more
In General Motors LLC, the National Labor Relations Board (NLRB) departed from recent cases condoning abusive employee behavior when accompanied by protected activity. (See previous Holland & Knight alert, "Recent NLRB...more
In NLRB v. Babcock & Wilcox, Inc., decided in 1956, the U.S. Supreme Court provided two exceptions to the general rule that an employer cannot be compelled to open its property to union organizers. The first exception applies...more
11/6/2019
/ Disparate Treatment ,
Employer Liability Issues ,
Kroger ,
Labor Regulations ,
NLRB ,
Non-Employees ,
Private Property ,
Property Owners ,
Right of Access ,
Union Organizers ,
Union Representatives ,
Unions
The National Labor Relations Board (NLRB) on Aug. 12, 2019, published proposed amendments to its rules and regulations in representation matters. Comments on the proposed amendments are due by Oct. 11, 2019, and reply...more
• In SuperShuttle DFW, Inc., a National Labor Relations Board (NLRB, or Board) majority overruled its 2014 decision in FedEx Home Delivery and held that shuttle-van-driver franchisees of SuperShuttle at Dallas Fort Worth...more
1/30/2019
/ Common Law Test ,
Delivery Drivers ,
Entrepreneurs ,
FedEx ,
Franchisee ,
Franchises ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
Right to Control
Holland & Knight invites you to read our Spring 2018 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than...more
4/4/2018
/ Aircraft ,
Anti-Discrimination Policies ,
Collective Bargaining ,
Commercial Leases ,
Cryptocurrency ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
FATCA ,
Federal Aviation Administration (FAA) ,
Foreign Corrupt Practices Act (FCPA) ,
Fractional Shares ,
Hiring & Firing ,
Intellectual Property Protection ,
International Labor Laws ,
Israel ,
Patent-Eligible Subject Matter ,
Patents ,
Public Policy ,
Transportation Industry ,
Unions
The U.S. Department of Labor (DOL) published on March 23, 2016, its controversial "persuader" rule concerning labor relations activity that will force many employers and their law firms to file reports annually with the...more
Amendments to New York City's Earned Sick Time Act (ESTA) became effective on March 4, 2016. ESTA, originally adopted in June 2013, requires employers in New York City with five or more employees to provide eligible employees...more
The National Labor Relations Board (NLRB or the Board) has continued its trend of subjecting employer work rules to scrutiny as to whether they unlawfully restrict workers' rights to form or join labor organizations, bargain...more
Effective April 14, 2015, the long-standing election procedures to resolve questions concerning union representation will be truncated to facilitate what a number of commentators critical of the changes refer to as "ambush...more
An administrative law judge (ALJ) of the National Labor Relations Board (the "Board") recently found that a Hooters employee who cursed at her co-worker during an employee bikini contest was wrongfully terminated by her...more
A Third Circuit ruling in a case brought by a sheet metal workers union raises the possibility that general contractors may be liable if their subcontractors fail to assign work in accordance with the terms of a project labor...more
In its recent decision in Oxford Health Plans LLC. v. Sutter, 569 U.S. ____ (2013), the U.S. Supreme Court confirmed that parties to an arbitration agreement still face the risk of class arbitration even if the agreement does...more