The recent NLRB decision finding that mandatory employer meetings involving unionization discussions are unlawful includes other points that will affect employers....more
Since 1948, Section 8(c) of the National Labor Relations Act (NLRA) had been interpreted to protect the First Amendment right of employers to bring employees together to exchange views, arguments, and opinions about...more
As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more
7/31/2024
/ Blocking Statutes ,
Collective Bargaining ,
Construction Workers ,
Employer Liability Issues ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
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
Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more
4/16/2024
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
NLRA ,
NLRB ,
Statutory Interpretation ,
Surveillance ,
Unfair Labor Practices ,
Unions
On August 25, 2023, the National Labor Relations Board (“NLRB” or “Board”) released its highly anticipated decision in Cemex Construction Materials Pacific (“Cemex”), NLRB Case No. 28-CA-230115. Cemex involved allegations...more
On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more
5/19/2023
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Labor Reform ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Off-Duty Employees ,
Screening Procedures ,
State Labor Laws ,
Washington
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
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 November 8, 2022, Missourians voted to legalize recreational marijuana, adopting “Amendment 3,” a proposal to amend the state Constitution. With this development, Missouri joins a growing number of states that have...more