On Feb. 14, the NLRB’s acting GC, Cowen, issued a memorandum to Board personnel rescinding more than 30 “GC memoranda” issued by the former GC, Abruzzo. Cowen’s action – which had been expected after President Donald Trump...more
In 2024, labor law continued to generally favor employees under the Biden National Labor Relations Board (the Board). Notable developments included establishment of an employee right to wear clothes espousing political speech...more
1/29/2025
/ Biden Administration ,
Constructive Discharge ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Political Speech ,
SCOTUS ,
Section 7 ,
Unfair Labor Practices ,
Unions
Employers should be wary of the Ghost of Christmas Yet to Come (and/or the National Labor Relations Board (NLRB)) before excluding unionized workers from holiday parties and similar perks given to nonunionized employees....more
12/18/2024
/ Administrative Law Judge (ALJ) ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Employer Liability Issues ,
Holiday Parties ,
Holidays ,
NLRA ,
NLRB ,
Perks ,
Starbucks ,
Unions
Early in his presidency, Joe Biden promised to be “the most pro-union President leading the most pro-union administration in American history.” ...more
Four months ago, we told you about a brewing labor law issue – whether the National Labor Relations Board (NLRB or Board) must satisfy the traditional preliminary injunction standard to secure an injunction against an...more
In a follow-up to our December 2022 blog post and December 2023 year-end roundup alert regarding the National Labor Relations Board’s (NLRB or Board) decision in Thryv, Inc., the United States Court of Appeals for the Fifth...more
In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more
5/17/2023
/ Adverse Employment Action ,
Discipline ,
Employer Liability Issues ,
Employment Policies ,
General Motors ,
New Rules ,
NLRA ,
NLRB ,
Protected Activity ,
Section 7 ,
Unions
Under the National Labor Relations Act, unions are entitled to request information from an employer that is relevant to carrying out the union’s representation duties. The key limiting principle is that the union must...more
President Biden has just announced that he is tasking OSHA with implementing a new emergency rule mandating that employers with at least 100 employees either require their workforce to be vaccinated or require unvaccinated...more
In a significant victory for California agricultural employers, the Supreme Court recently held that California’s regulation requiring agricultural companies to permit union organizers on their property was an...more
Peter Fischer and Christian White, two attorneys in BakerHostetler’s Labor and Employment Group, discuss the Protecting the Right to Organize Act, commonly referred to as the “PRO Act,” and discuss how the most transformative...more
3/17/2021
/ Ambush Election Rules ,
Arbitration Agreements ,
Biden Administration ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Joint Employers ,
Labor Reform ,
Labor Relations ,
Mandatory Arbitration Clauses ,
NLRB ,
Proposed Legislation ,
Union Organizers ,
Unions
BakerHostetler’s COVID-19 Labor and Employment Issues Task Force issued a set of FAQs on March 18, 2020 and another on March 30, 2020 regarding general legal issues concerning the COVID-19 pandemic....more
4/7/2020
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Hiring & Firing ,
Layoffs ,
NLRB ,
Paid Leave ,
Sick Leave ,
Unemployment Benefits ,
Unemployment Insurance ,
Unions