Lorien Schoenstedt

Lorien Schoenstedt

Jackson Lewis P.C.

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NLRB Overrules Standard on Employer Predictions for How Unionizing Impacts Employer-Employee Relationship

The National Labor Relations Board once again has reversed precedent. It will now use a case-by-case analysis to determine whether an employer’s statements about the negative impacts of unionization on the relationship...more

11/14/2024  /  Employer Liability Issues , Labor Relations , NLRA , NLRB , NLRB General Counsel , Third-Party , Unfair Labor Practices , Union Organizers , Unions

Labor Board Expands an Employer’s Duty to Bargain During Contract Negotiations

Overruling crucial aspects of precedent, the National Labor Relations Board has expanded an employer’s duty to bargain with employees under the National Labor Relations Act following the expiration of a labor contract and...more

9/6/2023  /  Collective Bargaining , Employer Liability Issues , Labor Regulations , Labor Relations , NLRA , NLRB , NLRB General Counsel , Unfair Labor Practices , Union Elections , Unions

Labor Board Issues New Election Rules and Makes It Easier for Workers to Unionize Without a Vote

The National Labor Relations Board continued its efforts to facilitate union organizing and upended significant aspects of prior precedent by: (1) making it easier for unions to circumvent the Board’s election procedures...more

8/28/2023  /  Collective Bargaining , Employer Liability Issues , Labor Relations , NLRA , NLRB , Regulatory Agenda , Union Elections , Union Organizers , Unions

Labor Board Returns to Case-by-Case Approach for Determining Lawfulness of Work Rules

The National Labor Relations Board has again revised its standard for assessing whether an employer’s facially neutral work rules (rules that do not explicitly restrict Section 7 activities) unlawfully restrict employee...more

8/8/2023  /  Boeing , Employee Handbooks , Employee Rights , Employer Liability Issues , Employment Policies , NLRA , NLRB , Protected Concerted Activity , Section 7 , Unions

Labor Board Returns to 2014 Test for Determining Whether Individual Is Independent Contractor

The National Labor Relations Board has returned to its Obama-era standard for determining whether an individual is an independent contractor under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95...more

6/21/2023  /  Common Law Test , Employee Definition , Employer Liability Issues , Independent Contractors , Misclassification , NLRA , NLRB , Wage and Hour

Legislation Banning ‘Captive Audience’ Meetings Enacted in Minnesota, Awaiting Enactment in New York

Minnesota will soon prohibit employers from requiring employees to attend political or religious meetings, including talks about labor unions. Additionally, similar legislation passed by the New York legislature will likely...more

6/16/2023  /  Employer Liability Issues , NLRA , NLRB , Political Speech , Religious Beliefs , Unions , Wage and Hour , Workplace Communication
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