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
4/6/2022
/ Contracts Clause ,
Due Process ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equal Protection ,
Hiring & Firing ,
Hotels ,
Layoffs ,
Likelihood of Success ,
NLRA ,
Preemption ,
Preliminary Injunctions ,
Severance Pay ,
State Labor Laws
As we discussed here, members of the House Education and Labor Committee have been attempting to end-run the procedural hurdles that have prevented the Protect the Right to Organize Act (“PRO Act”) legislation from becoming...more
10/29/2021
/ Budget Reconciliation ,
Employer Liability Issues ,
Federal Labor Laws ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
NLRA ,
Penalties ,
Regulatory Agenda ,
Regulatory Violations ,
Rulemaking Process ,
Unfair Labor Practices ,
Unions
In keeping with the momentum of her Office, National Labor Relations Board General Counsel Jennifer Abruzzo issued a memorandum yesterday to all Regional Offices advising them to request that the Board exercise its broad...more
The NLRB’s “contract coverage” standard for determining whether a collective bargaining agreement privileges an employer to unilaterally change terms and conditions of employment received support last week from a federal...more
8/18/2021
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
General Contractors ,
Labor Regulations ,
Labor Relations ,
NLRB ,
Unfair Labor Practices ,
Unions ,
Wage and Hour ,
Work Schedules
As we reported here and here, there are several challenges to the authority of the Acting General Counsel of the National Labor Relations Board, Peter Sung Ohr, given President Biden’s unprecedented move of terminating the...more
7/16/2021
/ Administrative Appointments ,
Appointments Clause ,
Biden Administration ,
Corporate Counsel ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unfair Labor Practices
Last week, the United States Court of Appeals for the Ninth Circuit overturned a decision by the NLRB dismissing a complaint against two joint employers alleging unlawful termination in retaliation for picketing activity. The...more
In a recent decision by the NLRB, the Board upheld the lawfulness, in part, of an arbitration agreement that required employees to maintain the confidentiality of the arbitration proceedings, including the discovery process...more
Recently, adjunct professors at Elon University and Ithaca College won victories before the NLRB and an American Arbitration Association arbitrator, respectively, that further bolster the position that adjunct, or contingent,...more
2/26/2021
/ Adjunct Faculty ,
Bargaining Units ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Colleges ,
Educational Institutions ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Professors ,
Unions ,
Universities
From pay equity to an increased minimum wage, pro-worker and pro-union labor policies, and additional anti-discrimination protections, President-elect Biden has touted support for numerous legislative and regulatory proposals...more
1/11/2021
/ ADEA ,
Anti-Discrimination Policies ,
Arbitration Agreements ,
Biden Administration ,
But For Causation ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Legislative Agendas ,
Minimum Wage ,
NLRB ,
Pay Equity Laws ,
Title VII ,
Wage and Hour
When an employee is disciplined and then claims the employer acted on account of union animus in violation of Section 8(a)(3) of the Act, evidence to support such a claim either can be proffered through direct evidence, such...more
12/16/2020
/ Administrative Law Judge (ALJ) ,
Adverse Employment Action ,
Charging Party ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Employment Policies ,
Failure to Investigate ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Unions ,
Wright Line Test
The NLRB’s Division of Advice recently released a long-awaited Advice Memorandum (originally issued in February 2019, Chipotle Mexican Grill, Case 28-CA-229134 (Feb. 22, 2019)) concerning the validity of two workplace rules...more
12/2/2020
/ Boeing ,
Civility ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Government Investigations ,
NLRA ,
NLRB ,
Protected Activity ,
Reasonableness Factors ,
Section 7
As we previously suggested, the NLRB’s adoption of the Boeing standard for determining the lawfulness of employer’s workplace rules, policies and handbook provisions has provided significant fodder for interesting cases....more
6/1/2020
/ Administrative Law Judge (ALJ) ,
Boeing ,
Coronavirus/COVID-19 ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7
In maintaining business as usual as best it can amidst the ongoing COVID-19 crisis, the Board recently decided an issue concerning limitations on employer campaign tactics, and an employer’s limits in restricting discussions...more