In National Labor Relations Board v. Metro Man IV, LLC, Case No. 07-CA-264407 (6th Cir. Aug. 29, 2024), the U.S. Court of Appeals for the Sixth Circuit partly upheld and partly reversed a National Labor Relations Board...more
10/10/2024
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Hazard Pay ,
NLRB ,
Public Health Emergency ,
Unions ,
Wage and Hour
As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more
7/31/2024
/ Blocking Statutes ,
Collective Bargaining ,
Construction Workers ,
Employer Liability Issues ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more
4/16/2024
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
NLRA ,
NLRB ,
Statutory Interpretation ,
Surveillance ,
Unfair Labor Practices ,
Unions
The U.S. Court of Appeals for the D.C. Circuit sent an unfair labor practice case back to the National Labor Relations Board (NLRB) because the agency failed to consider the contract-based defenses of an employer accused of...more
On March 1, 2024, the U.S. Court of Appeals for the D.C. Circuit clarified the rules that apply when employers distribute information and observe employees during union campaigns. The court found that a New York-based...more
In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an...more
9/12/2023
/ Collective Bargaining ,
Corporate Counsel ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
Labor Relations ,
NLRA ,
NLRB ,
Terms and Conditions ,
Unions
On August 24, 2023, the National Labor Relations Board (the “Board”) issued a final rule (the “2023 final rule”) amending the federal regulations that govern representation election procedures. The 2023 final rule is the...more
Provisions included in a must-pass budget bill will make significant changes for Connecticut hospitals. These changes, which were embedded in the nearly 900-page Public Act 23-204 signed into law on June 12, 2023, revise...more
7/31/2023
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Healthcare ,
Healthcare Workers ,
Labor Reform ,
Labor Relations ,
Nurse Practitioners ,
Nurses ,
Over-Time ,
Unions ,
Wage and Hour
In RAV Truck & Trailer Repairs, Inc., 372 NLRB No. 25 (Dec. 14, 2022), the National Labor Relations Board (NLRB) issued a supplemental decision in a case that will have implications for unionized employers seeking to close...more
2/13/2023
/ Business Closures ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Labor Law Violations ,
NLRA ,
NLRB ,
Statutory Violations ,
Supplemental Review ,
Unfair Labor Practices ,
Union Membership ,
Unions
On April 29, 2022, organized labor achieved a long-sought political objective when the Connecticut House of Representatives passed Senate Bill 163, “An Act Protecting Employee Freedom of Speech and Conscience.” Effective July...more
5/4/2022
/ Collective Bargaining ,
Connecticut ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
First Amendment ,
Labor Reform ,
Labor Relations ,
Pending Legislation ,
State Labor Laws ,
Union Elections ,
Union Organizers ,
Unions
In Piedmont Health Services, Inc. and Piedmont Health Services Medical Providers United, Case No. 10-RC-286648, Region 10 of the National Labor Relations Board (Region) issued a Decision and Direction of Election (DDE) in...more
4/12/2022
/ Collective Bargaining ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Physicians ,
Union Elections ,
Unions
Connecticut recently legalized recreational marijuana use by adults. The new law creates complex employment protections for recreational marijuana users. The same legislation also includes provisions that strongly encourage...more
9/21/2021
/ Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Employer Liability Issues ,
Employment Contract ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Marijuana Related Businesses ,
NLRA ,
NLRB ,
Preemption ,
Union Organizers ,
Unions
On August 26, 2021, the New York State Department of Health’s Public Health and Health Planning Council (PHHPC) approved emergency regulations that institute a broad vaccine mandate for New York healthcare facilities. ...more
8/31/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
Introduction -
Many employers are hopeful that a vaccine for COVID-19 will be the silver bullet that will enable employers to return to some semblance of a pre-COVID workplace. Assuming a vaccine is developed, can an...more
9/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Free Speech ,
Infectious Diseases ,
NLRA ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Title VII ,
Vaccinations
On June 18, 2019, Connecticut Governor Ned Lamont signed Substitute Senate Bill 3, publicly known as the “Time’s Up” bill and identified as Public Act 19-16....more
6/20/2019
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
New Legislation ,
Risk Management ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Connecticut continues to add to its roster of employee-friendly laws, leaving businesses throughout the state to figure out how best to address the resulting changes. The legislative session closed on June 5, 2019, with laws...more
6/14/2019
/ Corporate Counsel ,
Employee Contributions ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Paid Family Leave Law ,
Paid Time Off (PTO) ,
Payroll Taxes ,
Pending Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules