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
10/10/2024
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Hazard Pay ,
NLRB ,
Public Health Emergency ,
Unions ,
Wage and Hour
On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more
7/25/2024
/ Corporate Counsel ,
Disciplinary Proceedings ,
Employee Misconduct ,
Employer Liability Issues ,
General Motors ,
Labor Law Violations ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Unfair Labor Practices
The U.S. Court of Appeals for the D.C. Circuit sent an unfair labor practice case back to the National Labor Relations Board (NLRB) because the agency failed to consider the contract-based defenses of an employer accused of...more
A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State Vegetable Growers Association, Inc. v. Letitia James,...more
3/6/2024
/ Agribusiness ,
Agricultural Sector ,
Agricultural Workers ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
First Amendment ,
Free Speech ,
Labor Relations ,
Motion To Enjoin ,
NLRA ,
Preemption ,
Public Employment Relations Board’s (PERB) ,
State Labor Laws ,
Union Organizers ,
Unions
Provisions included in a must-pass budget bill will make significant changes for Connecticut hospitals. These changes, which were embedded in the nearly 900-page Public Act 23-204 signed into law on June 12, 2023, revise...more
7/31/2023
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Healthcare ,
Healthcare Workers ,
Labor Reform ,
Labor Relations ,
Nurse Practitioners ,
Nurses ,
Over-Time ,
Unions ,
Wage and Hour
On April 20, 2023, a three-member panel of the National Labor Relations Board (Board) ruled 2-1 in Noah’s Ark Processors LLC, 372 NLRB No. 80 (2023), that a combination of remedies imposed for unfair labor practices by an...more
4/26/2023
/ Administrative Law Judge (ALJ) ,
Bad Faith ,
Collective Bargaining ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unfair Labor Practices ,
Unions
The National Labor Relations Board (NLRB or “the Board”) recently issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that severance agreements containing overly broad non-disparagement or...more
3/27/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Guidance Update ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
During the past few years, employers have seen efforts to restrict the use of confidentiality and nondisparagement provisions in severance agreements at both the state and federal levels. The National Labor Relations Board...more
2/28/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements
After a year of consideration including amicus briefs on the matter, the National Labor Relations Board (Board) revived another Obama-era precedent in a decision issued December 14, 2022. In American Steel, 372 NLRB No. 23,...more
On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge’s (ALJ) decision that a carpenters’ union did not...more
7/15/2022
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Infectious Diseases ,
Labor Relations ,
Layoffs ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Unfair Labor Practices ,
Union Representatives ,
Unions ,
Workplace Safety ,
Wright Line Test
In Piedmont Health Services, Inc. and Piedmont Health Services Medical Providers United, Case No. 10-RC-286648, Region 10 of the National Labor Relations Board (Region) issued a Decision and Direction of Election (DDE) in...more
4/12/2022
/ Collective Bargaining ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Physicians ,
Union Elections ,
Unions
The National Labor Relations Board, by a vote of 2-1, recently reversed an administrative law judge (ALJ) in finding that a hospital did not violate the National Labor Relations Act (the Act) by failing and refusing to...more
6/1/2021
/ Administrative Law Judge (ALJ) ,
Bad Faith ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Dissenting Opinions ,
Employer Liability Issues ,
Hospitals ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
On June 7, 2020, Connecticut Governor Ned Lamont and the Department of Economic and Community Development (DECD) released guidelines for businesses allowed to reopen during Phase 2 of the state’s reopening plan. As of June...more
On April 7, 2020, the governor of Connecticut issued Executive Order No. 7V (“EO 7V”) which, among other things, requires every workplace in the state to take additional protective measures to reduce the risk of transmission...more
In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more
9/16/2019
/ Administrative Law Judge (ALJ) ,
AFL-CIO ,
Appeals ,
Contract Negotiations ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Internal Investigations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Remand ,
Section 7 ,
Strike ,
Unions ,
Wrongful Termination
On June 18, 2019, Connecticut Governor Ned Lamont signed Substitute Senate Bill 3, publicly known as the “Time’s Up” bill and identified as Public Act 19-16....more
6/20/2019
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
New Legislation ,
Risk Management ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws