Illinois just became the latest state to ban employers from holding mandatory meetings with employees concerning religious or political matters, including discussions on union representation. Such employer-sponsored meetings,...more
8/7/2024
/ Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Illinois ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
State Labor Laws ,
Union Representatives ,
Unions
The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific...more
Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more
As fall creeps up on us — and you trade your beach days and barbeques for hayrides and horror flicks — don’t forget about all the activity from the National Labor Relations Board (NLRB) this past summer that could cause...more
10/2/2023
/ Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Hiring & Firing ,
Independent Contractors ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Protected Concerted Activity ,
Union Elections ,
Union Organizers ,
Unions
Employers were dealt yet another blow Thursday when the National Labor Relations Board re-introduced “quickie” elections and accelerated the time period between union petitions and elections. This is just one of the changes...more
A highly anticipated decision by the National Labor Relations Board (NLRB) makes it significantly harder for companies to classify their workers as independent contractors. The Board’s June 13 decision in Atlanta Opera...more
If your business relies on gig economy workers, you may want to review your policies on monitoring workers and requiring them to pay for training and equipment. That’s because the National Labor Relations Board (NLRB)...more
3/10/2023
/ Business Expenses ,
Consumer Financial Protection Bureau (CFPB) ,
Data Collection ,
Electronic Monitoring ,
Employee Privacy Rights ,
Employee Training ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Relations ,
Misclassification ,
NLRA ,
NLRB
A pendulum-swinging decision from the National Labor Relations Board yesterday means that severance agreements – in both unionized and non-union workplaces – could once again be deemed unlawful if they could be construed to...more
2/22/2023
/ Confidentiality Agreements ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Protected Concerted Activity ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
In a recent decision, the National Labor Relations Board gave unions greater access to sales agreements under the employer’s duty to provide relevant information so as to meaningfully engage in effects bargaining. The August...more
The National Labor Relations Board just ruled that employers must continue to collect union dues even after the collective bargaining agreement has expired, a decision that will require many businesses to alter their labor...more
The National Labor Relations Board is actively looking to modify the legal standards that for the past five years have provided a commonsense solution for evaluating the legality of commonplace workplace misconduct rules. And...more
The NLRB’s top prosecutor just issued a memo which seeks to bar employers from convening employee meetings on working time to address union representation unless they provide employees specific assurances that participation...more
As we recently forecasted, the House of Representatives has reintroduced a bill designed to radically transform the labor relations landscape, substantially tilting the playing field towards organized labor. The “Protecting...more
2/9/2021
/ Arbitration Agreements ,
Confidential Information ,
Employer Liability Issues ,
Independent Contractors ,
Joint Employers ,
Labor Relations ,
Micro-Unions ,
Misclassification ,
NLRA ,
NLRB ,
Posting Requirements ,
Proposed Legislation ,
Protected Concerted Activity ,
Protests ,
Quickie Election Rules ,
Secondary Boycott ,
Union Elections ,
Union Membership ,
Union Organizers ,
Unions
The NLRB’s General Counsel recently released a guidance memorandum advising the Board to apply a stricter standard when evaluating if an employer’s support for union organizing activities violates the National Labor Relations...more
On the eve of their scheduled implementation date, a federal court judge in Washington, D.C. struck down significant portions of the National Labor Relation’s Board new union representation procedures – handing a significant...more
As more states legalize medicinal and recreational cannabis, many states are requiring that cannabis employers enter into a “labor peace agreement” with a union in order to obtain or maintain a license to grow, manufacture,...more
6/1/2020
/ Agribusiness ,
Cannabis-Related Businesses (CRBs) ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Labor Relations ,
Marijuana Related Businesses ,
NLRA ,
NLRB ,
State Labor Laws ,
Unions
The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more
2/11/2020
/ Arbitration ,
Arbitration Agreements ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Employer Liability Issues ,
Employer Rights ,
Employment Litigation ,
Gag Rule ,
Hiring & Firing ,
Joint Employers ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
Misclassification ,
NLRA ,
NLRB ,
Pending Legislation ,
Persuader Rules ,
Presidential Veto ,
Protests ,
Quickie Election Rules ,
Right to Strike ,
Right to Work ,
Secondary Boycott ,
Trump Administration ,
Union Elections ,
Union Organizers ,
Unions ,
Wage and Hour
The National Labor Relations Board just ruled that employers may now require confidentiality from employees involved in open workplace investigations. Importantly, Tuesday’s decision in Apogee Retail LLC resolves conflicting...more
12/19/2019
/ Boeing ,
Confidential Information ,
Confidentiality Policies ,
Employee Handbooks ,
Employer Liability Issues ,
Employer Rights ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Relations ,
NLRA ,
NLRB ,
Workplace Investigations
The National Labor Relations Board just decided that employers have the right to cease union dues collections once the relevant collective bargaining agreement expires, again restoring balance to the labor relations...more
The National Labor Relations Board took the latest step in the long-simmering debate over whether college teaching and research assistants could unionize when it released a proposed rule on Friday that would once again block...more
9/24/2019
/ Collective Bargaining ,
Colleges ,
Comment Period ,
Educational Institutions ,
Federal Labor Laws ,
Graduate Students ,
NLRA ,
NLRB ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Public Comment ,
Student Employees ,
Teaching Assistants ,
Unions ,
Universities
Immigration and Customs Enforcement (ICE) threatened to start to carry out a series of immigration raids this weekend seeking to identify and apprehend undocumented individuals – with some potentially occurring at the...more
7/16/2019
/ Audits ,
Employee Training ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
NLRA ,
Raids ,
Search Warrant ,
Undocumented Immigrants
Employee walkouts and protests are likely to occur on a large scale starting yesterday and lasting through Thursday, spurred on by the union-supported “Fight for $15” movement and in anticipation of the upcoming midterm...more
10/3/2018
/ Attendance ,
Caregivers ,
Collective Bargaining Agreements (CBA) ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Fast-Food Industry ,
Hospitality Industry ,
Janitorial Services ,
Minimum Wage ,
NLRA ,
Private Property ,
Professors ,
Protected Concerted Activity ,
Protests ,
Restaurant Industry ,
SEIU ,
Social Media Policy ,
Strike ,
Unions ,
Wage and Hour
The newly constituted National Labor Relations Board announced that a troublesome joint-employer test adopted in 2015 would be immediately scrapped, instead reaffirming its prior reasonable standard for determining...more
Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more
9/6/2017
/ Banner Health System ,
Bargaining Units ,
Browning-Ferris Industries of California Inc. ,
Civility ,
Class Action Arbitration Waivers ,
Collective Bargaining ,
Columbia University ,
Confidentiality Policies ,
Corporate Counsel ,
D.R. Horton v NLRB ,
Email Policies ,
Employee Handbooks ,
Employment Policies ,
Internal Investigations ,
Joint Employers ,
Labor Relations ,
Micro-Unions ,
NLRA ,
NLRB ,
Presidential Appointments ,
Purple Communications ,
Quickie Election Rules ,
Section 7 ,
Specialty Healthcare ,
Student Athletes ,
Temporary Employees ,
Trump Administration ,
Unions
In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more
6/14/2017
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employer Liability Issues ,
Hiring & Firing ,
Interrogations ,
Leave of Absence ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Text Messages ,
Unfair Labor Practices ,
Union Elections ,
Unions