Although National Labor Relations Board General Counsel Jennifer Abruzzo’s termination by President Donald Trump was widely expected, his removal of Board Member Gwynne Wilcox is unprecedented. Wilcox’s removal also leaves...more
2/3/2025
/ Administrative Law Judge (ALJ) ,
Employment Litigation ,
Executive Orders ,
Federal Labor Laws ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Presidential Appointments ,
Regulatory Agenda ,
Trump Administration ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...more
12/16/2024
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Employer Liability Issues ,
Employment Contract ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unilateral Modification ,
Unions ,
Wage and Hour ,
Waivers
The retail industry has experienced an uptick in union organizing over the last few years, and decisions from the National Labor Relations Board are expected to ease unionization. Labor law is evolving, and employers must...more
The National Labor Relations Board’s new Final Rule for determining joint-employer status under the National Labor Relations Act expands the current standard by allowing the Board to find joint-employer status if an entity...more
11/8/2023
/ Compensation & Benefits ,
Contractors ,
Employment Contract ,
Franchises ,
Job Duties ,
Joint Employers ,
NLRA ,
NLRB ,
Retailers ,
Staffing Agencies ,
Subcontractors ,
Supervision ,
Wage and Hour ,
Work Schedules ,
Workplace Safety
The National Labor Relations Board (NLRB) has returned to its pre-2020 “setting-specific” standards for determining whether an employee’s abusive conduct is protected by the National Labor Relations Act. Lion Elastomers LLC...more
The Year Ahead in Caffeinated Organizing-
With a White House and National Labor Relations Board that are more pro-labor than most recent past administrations, a “labor renaissance” will be the overarching theme of 2023....more
4/4/2023
/ Day-Rate Pay ,
Distributors ,
Employment Discrimination ,
Fair Workweek ,
Federal Arbitration Act ,
Heat Exposure ,
NLRB ,
OSHA ,
Over-Time ,
Pay Transparency ,
Retail Workers Bill of Rights ,
Retailers ,
SCOTUS ,
Severance Agreements ,
Temporary Employees ,
Warehouses ,
WARN Act ,
Work Schedules
The union membership rate among private sector workers fell to 6.0% in 2022, according to a U.S. Bureau of Labor Statistics (BLS) news release. This is down from 6.1% in 2021 and continues the overall decline since private...more
Changing Retail Staffing Models – Unforeseen Risks in a New Economy-
Events related to the COVID-19 pandemic may have caused roles within retail operations to shift, and managers may have been required to do more when...more
10/6/2022
/ Arbitration ,
Automation Systems ,
Browning-Ferris Industries of California Inc. ,
Class Action ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employment Discrimination ,
Exempt-Employees ,
Gender Dysphoria ,
Hairstyle Discrimination ,
Labor Shortage ,
Managers ,
NLRB ,
Recruitment Incentives ,
Retail Market ,
Retailers ,
Warehouses
Events related to the COVID-19 pandemic may have caused roles within retail operations to shift, and managers may have been required to do more when employees are unexpectedly sick or when staffing levels fell due to the...more
9/13/2022
/ Brick-and-Mortar Stores ,
Coronavirus/COVID-19 ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Job Duties ,
Labor Shortage ,
Managers ,
Minimum Salary ,
NLRB ,
Retailers ,
Union Organizers ,
Unions
In 2021, the workforce continued adapting to an evolving global pandemic, increasingly consequential social movements and a dramatic shift in employment policy ushered in by a change of leadership at the federal level.
...more
2/23/2022
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Class Action ,
Construction Workers ,
Coronavirus/COVID-19 ,
Data Privacy ,
Diversity and Inclusion Standards (D&I) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Foreign Workers ,
Healthcare Workers ,
Infrastructure Investment and Jobs Act (IIJA) ,
Manufacturers ,
Minimum Wage ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Pay Transparency ,
Religious Accommodation ,
Remote Working ,
Technology Sector ,
Vaccinations ,
Wage and Hour ,
WARN Act ,
Workplace Safety
On October 8, 2021, the National Labor Relations Board (NLRB) West Los Angeles regional office issued an unfair labor practice (ULP) complaint against the Daily Grill for allegedly violating section 8(a)(5) of the National...more
The National Labor Relations Board (NLRB) has reversed the decision of an administrative law judge (ALJ) and held lawful an employer’s social media policy prohibiting disparagement of the company and others, “inappropriate...more
Unpaid interns are not “employees” as defined by the National Labor Relations Act (NLRA), and employee advocacy on their behalf is not protected concerted activity under Section 7 of the NLRA, the National Labor Relations...more
Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling many union-friendly precedents of the Obama-era Board, the Board has beaten...more
12/18/2017
/ Bargaining Units ,
Boeing ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Joint Employers ,
Micro-Unions ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policies and Procedures ,
Protected Activity ,
Section 7 ,
Specialty Healthcare ,
Unions