This week, Elon Musk interviewed former President Trump on his social media platform X. During the interview, the two participants discussed their response to a hypothetical strike at Musk’s Tesla production facility. Trump...more
8/16/2024
/ Donald Trump ,
Elon Musk ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Public Statements ,
Section 7 ,
Strike ,
Tesla ,
Unfair Labor Practices ,
United Auto Workers
Many federal agencies appear caught in a tennis match whereby interpretations of their statutory authority depend on the party in power at any given time. This has resulted in a number of situations where federal regulations...more
Last week, the National Labor Relations Board withdrew its appeal of a federal court decision that blocked its 2023 rule that significantly expanded the definition of joint employment under federal labor law....more
In unusual circumstances arising during unionization campaigns, the National Labor Relations Board can seek a so-called Section 10(j) injunction to immediately order the employer or union to cease illegal acts associated with...more
Over the past few years, the National Labor Relations Board has taken aggressive measures to extend labor law protections to some non-unionized employees. These decisions have involved employer policies restricting social...more
The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more
3/29/2024
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Litigation ,
Hiring & Firing ,
Home Health Care ,
NLRA ,
NLRB ,
Popular ,
Protected Concerted Activity ,
Retaliation ,
Termination
Last week, a federal district court judge in Texas struck down the National Labor Relations Board’s joint employer rule. That rule significantly expands the definition of joint employers, making a company subject to NLRB...more
Last week, a Texas federal court extended a temporary ban on implementation of the National Labor Relations Board’s joint employer rule until March 11. The rule was originally effective in December, but the NLRB delayed the...more
When faced with potential employee organizing activity, some employers react by trying to address worker grievances through alternatives to union representation. Sometimes these approaches involve establishing an internal...more
1/19/2024
/ Administrative Law Judge (ALJ) ,
Appeals ,
Communication Workers of America ,
Complaint Procedures ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Grievance Process ,
NLRB ,
Remand ,
Special Committees ,
T-Mobile ,
Union Organizers ,
Union Representatives ,
Unions
In recent months, a number of federal labor and employment agencies have announced new initiatives intended to coordinate and cross-refer enforcement actions. This trend continued last week when the National Labor Relations...more
Last week, the National Labor Relations Board (NLRB) issued final rules broadening the definition of joint employers under federal labor law. A joint employer is a company that is not the employee’s direct W-2 employer, but...more
Earlier this year, the National Labor Relations Board’s General Counsel released a memorandum taking the position that many employers’ use of noncompetition and related agreements violates the National Labor Relations Act by...more
The National Labor Relations Board continues its recent streak of overturning board decisions from the Trump administration that limit the rights of employees to organize and complain about working conditions. The latest...more
9/8/2023
/ Anti-Retaliation Provisions ,
Employee Rights ,
Labor Relations ,
NLRA ,
NLRB ,
Non-Union ,
Protected Concerted Activity ,
Protests ,
Unfair Labor Practices ,
Unions ,
Unpaid Interns ,
Working Conditions
The National Labor Relations Board has continued its reversal of Trump-era decisions. The NLRB issued a final rule expediting union election procedures, making it more difficult for employers to react and respond to...more
On Tuesday, the National Labor Relations Board (NLRB) overturned a Trump-era precedent, changing the test used to determine whether workers seeking protection under federal labor laws are employees or independent contractors....more
In the wake of the Federal Trade Commission’s recent proposal to void noncompetition agreements between employers and employees, another federal agency has joined the push to restrict the use of restrictive covenants in...more
Last week, the National Labor Relations Board’s (NLRB) game of legal tennis continued when it reversed another Trump-era decision involving when employers can take disciplinary action against employees who lose their cool...more
2023 has already seen a number of major developments for employers in the areas of noncompetition agreements, terms of settlements and separations with employees, and more. Additionally, the U.S. Supreme Court is set to rule...more
4/26/2023
/ Confidentiality Agreements ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
NLRB ,
Non-Compete Agreements ,
Non-Disparagement Provisions ,
Religious Accommodation ,
Separation Agreement ,
Severance Agreements ,
Webinars
By now, we have all heard stories about remote employees who are working two jobs simultaneously, or have installed software that provides the appearance of work activity. In response to concerns over productivity and...more
Earlier this week, the National Labor Relations Board (NLRB) continued its reversal of decisions reached during the Trump administration, reinstating prior precedents. This time, the Board reversed two decisions that limited...more
During 2022, there has been a considerable uptick in labor activity, including high profile organizing efforts at Amazon, Starbucks, and other nationwide employers. Inevitably, these efforts result in claims from unions that...more
In 2020, the National Labor Relations Board’s (NLRB) Republican-appointed majority adopted regulations dealing with the effect of allegations of coercive conduct on pending union elections. Those rules removed the so-called...more
In 2015, the Democrat-controlled National Labor Relations Board (NLRB) adopted a new standard for determining when two employers are jointly covered under federal labor laws applicable to a single set of employees. The...more
Assuming it takes effect at some point, the Occupational Safety and Health Administration’s new COVID-19 emergency temporary standard (ETS) includes new legal mandates, as well as several options for affected employers. Chief...more
11/19/2021
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Masks ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Temporary Regulations ,
Unions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Section 7 of the National Labor Relations Act protects the rights of employees to engage in “concerted activity,” regardless of whether they are members of a union. Concerted activity means two or more employees working...more
6/25/2021
/ Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Retaliation ,
Section 7 ,
Unions ,
Wrongful Termination