2022 was a great year for U.S. labor unions and employees, but not so much for U.S. employers. The Biden National Labor Relations Board (NLRB) dug in and got to work, reversing precedent and charting a course to reinterpret...more
In an important decision for employers and unions alike, the Third Circuit Court of Appeals, the federal appeals court with jurisdiction over Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, held that a union...more
INTRODUCTION -
2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more
1/31/2022
/ Boeing ,
Corporate Counsel ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Popular ,
Protected Activity ,
Section 7 ,
Unions
INTRODUCTION -
In our last Review, we reported that the National Labor Relations Board had a very busy year. Despite the challenges of the COVID-19 pandemic, 2020 was also a fairly busy year for the Board. In its final...more
If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound. The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more
3/2/2020
/ Collective Bargaining ,
Confidentiality Policies ,
Corporate Counsel ,
Email Policies ,
Employer Rights ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Internal Investigations ,
Joint Employers ,
Labor Regulations ,
Labor Relations ,
Misclassification ,
New Rules ,
NLRA ,
NLRB ,
Popular ,
Purple Communications ,
Rulemaking Process ,
Union Elections ,
Union Organizers ,
Wage and Hour ,
Waivers
Although in many respects it was a slow year for the National Labor Relations Board, it was a year of progress in the eyes of many employers. The Board operated at full strength for the entire year, with Republican John Ring...more
2/28/2019
/ Arbitration ,
Arbitration Agreements ,
Constitutional Challenges ,
Corporate Counsel ,
Duty of Fair Representation ,
Email Policies ,
Employee Handbooks ,
Joint Employers ,
NLRA ,
NLRB ,
Quickie Election Rules ,
SCOTUS
Have you ever felt that reading the decisions of the National Labor Relations Board is a lot like watching a tennis match? The decisions on key workplace issues go back and forth, back and forth, and you are just stuck...more
For employers, 2017 brought some long awaited relief and hope that return to normalcy in labor law is on the way. Admittedly, the wait for employers turned out to be a little longer than expected. The National Labor Relations...more
2/2/2018
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Department of Labor (DOL) ,
Joint Employers ,
Micro-Unions ,
NLRB ,
OSHA ,
Persuader Rules ,
Quickie Election Rules ,
Sick Leave ,
Unions ,
Wage and Hour
Introduction -
In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more
2/21/2017
/ Administrative Law Judge (ALJ) ,
Appeals ,
Arbitration ,
Charter Schools ,
Corporate Counsel ,
Department of Labor (DOL) ,
Email ,
Employer Liability Issues ,
Joint Employers ,
NLRB ,
Non-Compete Agreements ,
Persuader Rules ,
Popular ,
Right to Strike ,
Trump Administration ,
Unions ,
Young Lawyers
To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the...more
2/4/2016
/ Arbitration Agreements ,
College Athletes ,
Corporate Counsel ,
Fair Share Law ,
Internal Investigations ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Northwestern University ,
Protected Concerted Activity ,
Quickie Election Rules ,
SCOTUS ,
Unions ,
Young Lawyers
When the Americans with Disabilities Act definition of "disability" was expanded by the ADA Amendments Act of 2008, we told you to expect an increase in accommodation requests and disability discrimination claims. Many of you...more
Introduction -
If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more
1/22/2015
/ Ambush Election Rules ,
Arbitration ,
Arbitration Agreements ,
Canning v NLRB ,
College Athletes ,
Corporate Counsel ,
D.R. Horton v NLRB ,
Email ,
Employee Definition ,
Employer Liability Issues ,
Employer Mandates ,
Facebook ,
Franchises ,
Joint Employers ,
Macy's ,
McDonalds ,
NLRA ,
NLRB ,
Northwestern University ,
Protected Concerted Activity ,
Purple Communications ,
Recess Appointments ,
Social Media ,
Social Media Policy ,
Unions
The United States Supreme Court has been issuing employment-law related decisions like a boss over the past week or so. Many observers thought that the Court's decision in Harris v. Quinn, a case examining the...more