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The National Labor Relations Act State Labor Laws Employer Liability Issues

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Fisher Phillips

Illinois Joins Trend to Ban “Captive Audience” Meetings: 5 Steps Employers Can Take to Comply

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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

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Littler

Illinois Makes Move to Ban Employer-Sponsored Meetings

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For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing...more

Littler

Hawaii's New “Captive Audience” Law: What Employers Need to Know

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Under current federal law, employers may legally require workers to attend meetings during working hours that concern the employer’s views on politics, religion and similar matters. Hawaii recently joined several states,...more

Fisher Phillips

Colorado and Washington Likely to Join Growing List of States Banning Captive Audience Meetings: 5 Steps Employers Can Take to...

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Colorado and Washington will likely become the latest states to ban employers from holding mandatory meetings with employees concerning religious or political matters. Such employer-sponsored meetings, known as “captive...more

Littler

New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns

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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

Epstein Becker & Green

New York State Bans Workplace “Captive Audience” Meetings

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On September 6, 2023, Governor Kathy Hochul signed into law Senate Bill 4982 and Assembly Bill 6604, which amends Section 201-D of the New York Labor Law to prohibit most employers from requiring non-managerial and...more

DirectEmployers Association

OFCCP Week In Review: October 2023 #2

Thursday, September 28, 2023: US DOL Launching “Comprehensive Review” of Subminimum Wage Program, Assistant Secretary for ODEP Announced - Assistant Secretary of Labor for the Office of Disability Employment Policy...more

Spilman Thomas & Battle, PLLC

Three Important Changes to Labor Law and How Employers Should Respond

With no chance of passing the Protecting the Right to Organize Act, we predicted that the Biden administration would seek to achieve pro-labor reforms through the National Labor Relations Board’s (the “Board”) rulemaking and...more

Proskauer - Labor Relations Update

It Begins…NLRB Regional Director Targets Noncompetes in New Complaint

As recently foreshadowed, the National Labor Relations Board (“NLRB” or “Board”) now appears poised to weigh in on whether noncompete agreements, even those that may be legal under state law, violate the National Labor...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 3, October 2023

New Business Reporting Obligations for Employers: Beneficial Ownership Information Under the Corporate Transparency Act - Effective January 1, 2024, most legal entities incorporated, organized, or registered to do business...more

Miles & Stockbridge P.C.

New York Bans Captive Audience Meetings

Employers in New York can no longer discipline employees who opt not to attend “captive audience” meetings under a new state law. Employers generally hold these mandatory meetings to express their views on unionization to...more

Seyfarth Shaw LLP

Board Wipes Out Decades of Precedent with Card Check Requirements, Punts on Issuing “Captive Audience” Ban or New Rules About...

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On August 25, 2023, the National Labor Relations Board (NLRB or Board) issued its much-anticipated Cemex decision, which has broad implications for union organizing. It handed unions a win with a partial return to the Joy...more

Fisher Phillips

New York, Minnesota, and Maine Ban “Captive Audience Meetings” – But the Fight is Just Beginning

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Effective August 1, Minnesota now prohibits employers from “captive audience meetings” – that is, requiring, under threat of discharge, discipline, or some other penalty, employee attendance or participation in...more

DarrowEverett LLP

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

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So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Butler Snow LLP

Atlanta Opera: The NLRB Faces the Independent Contractor Music Once More

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On June 13, 2023, the National Labor Relations Board (NLRB) released a decision, referred to as Atlanta Opera Inc. (372 NLRB No. 95), that marks a shift in the applicable test for whether a worker qualifies as an independent...more

FordHarrison

Virginia Employment Law Update: Important Changes Effective July 1, 2023

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Executive Summary: Three new Virginia employment laws become effective July 1, 2023, and Virginia employers must understand and comply with these new rules. Virginia employers will need to update employee handbooks and...more

Steptoe & Johnson PLLC

NLRB's General Counsel Declares That Non-Compete Agreements Should Be Unenforceable

On May 30, Jennifer A. Abruzzo, general counsel for the National Labor Relations Board (NLRB), issued new directives regarding the enforceability of non-compete agreements. Abruzzo’s memorandum contends generally that...more

Foley & Lardner LLP

Michigan Repeals Right-To-Work

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In a highly anticipated move, on March 24, 2023, Governor Gretchen Whitmer of Michigan signed a repeal of the state’s 2012 so-called “Right-to-Work” legislation. The repeal had long been a stated goal of democrats in the...more

DarrowEverett LLP

2023 Employment Law Updates: Q1 Developments from Pregnancy to Polyamory

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As we discussed in our annual update back in December, employers continue to see extensive developments on the labor and employment front as they progress through 2023. Aside from the minimum wage increases, pay...more

Epstein Becker & Green

#WorkforceWednesday: Pay Data Collection Study, Colorado Non-Compete Restrictions, D.C. Circuit Vacates Browning-Ferris -...

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This week, we update you on national trends relating to pay data collection, non-compete restrictions, and joint-employment rules. Study Finds EEOC's Pay Data Collection a "Useful Tool" A study of the Equal Employment...more

Stevens & Lee

Dos, Don’ts and Takeaways for Employers: Navigating Increased NLRB Scrutiny Over Union Organizing Activity

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Facing a union organization drive in its stores around the Buffalo, NY, Starbucks was issued a complaint by the National Labor Relations Board (the NLRB “Board”) on May 6, 2022. The complaint asserts that Starbucks...more

Proskauer Rose LLP

No Temporary Relief for NYC Hotels from Severance Law

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As previously discussed, the New York City Council passed a law at the end of last year requiring certain hotels in the City to pay eligible employees weekly severance payments for up to 30 weeks. There were swift legal...more

Bradley Arant Boult Cummings LLP

You Are Not on the List, Sir: Eleventh Circuit Affirms Dismissal of Right-to-Work Claim

So, the union has an agreement with the company’s management that only those on their predetermined qualification list can be selected for a job. Would that list, or at least the administrative arm for that list, be...more

BakerHostetler

[Ongoing Program] Handbooks and Policies - The Re-Emerging Breeding Ground for Unfair Labor Practices and Other Employment Claims...

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Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

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