On February 4, 2022, President Biden signed an Executive Order that mandates the use of project labor agreements (“PLAs”) on federal construction projects valued at or above $35 million. PLAs are pre-hire collective...more
Seyfarth Synopsis: Last week, the NLRB held in a 2-1 decision that an employer’s rules restricting certain types of employee communications on social media were lawful under the NLRA. However, the Board panel was sharply...more
With the possibility of a COVID-19 vaccine on the horizon, many employers are starting to ask themselves how they’re going to handle this eventuality. Below are ten considerations for employers to keep in mind from the...more
10/8/2020
/ Americans with Disabilities Act (ADA) ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
OSHA ,
Protected Concerted Activity ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
Seyfarth Synopsis: The COVID-19 crisis is creating fertile ground for union organizing efforts, and labor unions are aiming to capitalize on this. Non-union employers should be attuned to this reality, and to the extent they...more
Seyfarth Synopsis: As the future of work continues to take shape, labor unions are taking notice and adjusting their strategies and their focus in response. To the extent they haven’t already, companies both large and small...more
Seyfarth Synopsis: Just before the end of the legislative session, lawmakers in New York introduced the “Dependent Worker Act,” which proposes to provide workers in the gig economy with certain rights, including the right to...more
Seyfarth Synopsis: The NLRB’s Division of Advice recently released an Advice Memorandum finding that a security company’s work rules were unlawfully overbroad, but that the company did not violate the National Labor Relations...more
5/1/2019
/ Defamation ,
Employee Rights ,
Employment Litigation ,
Employment Policies ,
Facebook ,
Former Employee ,
Hiring & Firing ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Unfair Labor Practices ,
Wage and Hour
Seyfarth Synopsis: On January 22, 2019, in Maderazo v. VHS San Antonio Partners, L.P., C.A. No. 06-CV-535, a case alleging that hospitals in San Antonio conspired to suppress nurses’ wages that had been pending for nearly 13...more
1/30/2019
/ Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Class Certification ,
Conspiracies ,
Employer Liability Issues ,
Healthcare ,
Nurses ,
Wage and Hour ,
Wage-Fixing ,
Wages
According to a Pew Research Center analysis earlier this year, Millennials now make up more than 35% of the U.S. labor force, making them the largest generation currently in the workforce. ...more
Seyfarth Synopsis: U.S. Court of Appeals for the D.C. Circuit rules that the NLRB properly found that a hospital violated the NLRA by threatening employees with discipline and arrest for peacefully picketing on hospital...more
8/17/2018
/ Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Healthcare Facilities ,
Labor Disputes ,
NLRA ,
NLRB ,
Off-Duty Employees ,
Private Property ,
Right to Picket ,
Section 7 ,
Strike ,
Unions
Seyfarth Synopsis: At the recent American Bar Association’s Antitrust in Healthcare conference, the Department of Justice (“DOJ”) reportedly advised that it has open criminal investigations into agreements among healthcare...more
6/1/2018
/ Antitrust Provisions ,
Antitrust Violations ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Healthcare ,
Hiring & Firing ,
Information Sharing ,
No-Poaching ,
Wage and Hour ,
Wage-Fixing
Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a cocktail bar waitress was illegally fired for voicing workplace concerns during a staff meeting....more
5/3/2018
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Law Violations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Retaliation ,
Statement of Opinion ,
Wrongful Termination
Seyfarth Synopsis: There are currently pending at least four class actions claiming that provisions contained in franchise agreements prohibiting the hiring of employees of other intrabrand franchisees without the consent of...more
4/13/2018
/ Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Employer Liability Issues ,
Franchise Agreements ,
Hiring & Firing ,
Joint Employers ,
No-Hire/No-Solicitation Agreements ,
Pending Litigation ,
Pizza Hut ,
Sherman Act ,
Single Entity Rule
Seyfarth Synopsis: True to his word, the Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice has announced the first of a number of anticipated no-poach enforcement actions. ...more
Seyfarth Synopsis: On February 1, 2018, the U.S. District Court for the Middle District of North Carolina entered an order granting in part, and denying in part, the plaintiff’s motion for class certification in a no-hire...more
2/14/2018
/ Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Educational Institutions ,
Employer Liability Issues ,
Faculty ,
FRCP 23(b)(3) ,
Hiring & Firing ,
No-Hire/No-Solicitation Agreements ,
Predominance Requirement
Seyfarth Synopsis: Although many employers may think they can let their guard down a little bit when it comes to the NLRB under the Trump Administration, history suggests otherwise. During the last Republican Administration,...more
Seyfarth Synopsis: Criminal prosecution of “no-poaching/no-hire” agreements appears imminent. Employers should investigate their hiring and compensation practices to ensure compliance with recent antitrust pronouncements....more
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more
Seyfarth Synopsis: Recognizing the rise of Millennials and the increasing diversity of the workforce, some labor unions appear to be taking a keen interest in increasing the diversity of those in their leadership ranks, which...more
Seyfarth Synopsis: According to the EEOC in this just filed lawsuit, a home care services provider in North Carolina violated federal disability rights law when it rejected telecommuting requests from an employee whose asthma...more
Seyfarth Synopsis: Trump Administration DOL issues notice of proposed rulemaking to rescind Obama Administration DOL’s long-embattled final persuader rule. The proposed rule is open for public comments for 60 days....more
Seyfarth Synopsis: NLRB rules that fast-food company violated the National Labor Relations Act by maintaining a rule prohibiting employees from wearing unauthorized buttons or insignia and by instructing an employee to remove...more
4/5/2017
/ Corporate Counsel ,
Fast-Food Industry ,
In-N-Out ,
Minimum Wage ,
NLRA ,
NLRB ,
Restaurant Industry ,
Uniforms ,
Union Insignia ,
Unions ,
Wage and Hour
Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a union member’s criticisms on Facebook of the union that represented him were protected by the NLRA.
On February 7, 2017, in Laborers’ International Union of...more
Seyfarth Synopsis: NLRB rules that the operators of the Detroit Masonic Temple unlawfully refused to bargain with a union that represented various engineers and maintenance workers at the temple, even though none of the...more
Seyfarth Synopsis: On October 20, the DOJ and the FTC jointly issued their Antitrust Guidance for HR Professionals, stating that DOJ intends to pursue employers criminally for alleged wage fixing and no-poaching agreements. ...more