The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more
3/28/2024
/ Administrative Law Judge (ALJ) ,
Ambush Election Rules ,
Basketball ,
Board Members ,
Chevron Deference ,
Employee Definition ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Staffing Agencies ,
Student Athletes ,
Union Elections ,
Unions
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided...more
10/10/2023
/ Boeing ,
Compliance ,
Compliance Dates ,
Contract Terms ,
Coronavirus/COVID-19 ,
Employee Handbooks ,
Employee Misconduct ,
Employment Contract ,
Employment Policies ,
Independent Contractors ,
Multi-Factor Test ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Nurses ,
Pensions ,
Protected Concerted Activity ,
Section 7
On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis...more
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2023 issue of the Practical NLRB Advisor. In this edition of the Advisor, we take a deeper dive into the...more
6/14/2023
/ Artificial Intelligence ,
Collective Bargaining ,
Consumer Financial Protection Bureau (CFPB) ,
Employment Contract ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Regulatory Reform ,
Section 7 ,
Severance Agreements ,
Unfair or Deceptive Trade Practices ,
Unions
On June 1, 2023, the Supreme Court of the United States ruled that the National Labor Relations Act (NLRA) does not preempt an employer’s state court tort claims alleging a union intentionally destroyed the employer’s...more
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions...more
3/17/2023
/ Confidentiality Agreements ,
Contract Terms ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Preemption ,
Property Damage ,
Release Agreements ,
SCOTUS ,
Separation Agreement ,
Severance Agreements ,
Strike ,
Termination
On January 10, 2023, justices for the Supreme Court of the United States questioned attorneys for a ready-mix concrete company and the union representing its truck drivers over whether claims to recover the value of the...more
In a decision dated September 30, 2022, the National Labor Relations Board ruled that employers must continue to collect voluntarily authorized union dues from the paychecks of employees after the expiration of the...more
10/11/2022
/ Bethlehem Steel ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Negotiations ,
Dues Checkoff ,
Labor Relations ,
NLRA ,
NLRB ,
Statutory Requirements ,
Union Dues ,
Unions
Another wild swing of the pendulum?
Since the National Labor Relations Board (NLRB) was not created until after his passing, Ben Franklin can be forgiven for mistakenly observing that the only certain things in life are...more
On January 20, 2022, the U.S. Department of Labor’s Bureau of Labor Statistics reported that union membership in the United States had dropped to a historic all-time low. The decline in membership is prompting unions to...more
On the eve of his election, President Joe Biden promised to “be the most pro-union president you’ve ever seen.” True to his word, his administration has thus far granted organized labor’s every ask. Only 23 minutes into his...more
7/15/2021
/ Arbitration ,
Biden Administration ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employment Contract ,
Labor Reform ,
Legislative Agendas ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Presidential Nominations ,
Unions ,
Wage and Hour
This issue covers one particularly important aspect of the evolving political situation: the Protecting the Right to Organize (PRO) Act and its ramifications for employers. Earlier this year, the U.S. House of Representatives...more
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the winter 2020 issue of the Practical NLRB Advisor. This special double issue offers readers a thorough year in review of...more
3/11/2020
/ Arbitration ,
Arbitration Agreements ,
Boeing ,
Collective Bargaining ,
Employer Liability Issues ,
Epic Systems Corp v Lewis ,
Independent Contractors ,
Joint Employers ,
NLRA ,
NLRB ,
Property Owners ,
Protected Concerted Activity ,
Rulemaking Process ,
Union Elections ,
Unions
The COVID-19 outbreak implicates many different laws for employers to consider as they develop and refine their responses to rapidly changing circumstances.
The National Labor Relations Act (NLRA) is just one of these laws....more
3/11/2020
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Duty of Confidentiality ,
Employer Liability Issues ,
Health and Safety ,
Labor Relations ,
NLRA ,
NLRB ,
PHI ,
Protected Concerted Activity ,
Section 7 ,
Unions
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more
9/18/2019
/ Administrative Procedure Act ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Auer Deference ,
Bargaining Units ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Negotiations ,
Contract Terms ,
Employment Policies ,
First Amendment ,
Judicial Estoppel ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
Under the National Labor Relations Act (NLRA), employees have the right to determine whether union representation is in their best interests. The freedom of employees to make this critical choice in an atmosphere free of...more
8/15/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Comment Period ,
Construction Industry ,
Contract Terms ,
Majority Voting Policies ,
NLRA ,
NLRB ,
NPRM ,
Rulemaking Process ,
Unfair Labor Practices ,
Unions
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the spring 2019 issue of the Practical NLRB Advisor. This edition provides a close look at the development of the...more
6/19/2019
/ Delivery Drivers ,
Drivers ,
Entrepreneurs ,
Franchises ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
NLRA ,
NLRB ,
Proposed Legislation ,
Rulemaking Process ,
Teamsters ,
Unions
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2018 issue of the Practical NLRB Advisor. This issue examines the Supreme Court’s decision in Epic Systems Corp....more
10/16/2018
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
SCOTUS ,
Section 7 ,
Unions
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the spring 2018 issue of the Practical NLRB Advisor. This issue examines the evolution of the controversial joint-employer...more
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2017 issue of the Practical NLRB Advisor. This issue considers how the confirmation of management-side attorney...more
In our last Workplace Safety & Health blog post, we discussed proactive steps employers can take should the Occupational Safety and Health Administration (OSHA) arrive with a union representative or community activist to...more
In This Issue:
- Depressed Worker Does Not Qualify For Leave: Court Finds FMLA Requires A Period Of Incapacity
- Homer Deakins Testifies Before NLRB: Discusses Controversial Changes To Representation Election...more
The recent retail and fast food industry protests regarding demands for a “living wage” remind us that corporate campaigns by unions are a form of corporate warfare. They seek to inflict upon employers a “death from a...more
The efforts of the National Labor Relations Board (NLRB) to expand the definition of employee activity protected by section 7 of the National Labor Relations Act (NLRA) and its aggressive prosecution of employers alleged to...more