The hits just kept coming from the National Labor Relations Board in 2024. The final year of the Biden board produced a flurry of decisions that kept labor practitioners on their toes. It seemed that each month, there was a...more
2/14/2025
/ Biden Administration ,
Collective Bargaining ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Proposed Rules ,
Unfair Labor Practices ,
Unions
Introduction - 2023 may prove to be a landmark year for U.S. labor law. There were several significant changes in the law that left employers reeling. The breadth and depth of these changes were staggering even for seasoned...more
2/21/2024
/ Federal Trade Commission (FTC) ,
Final Rules ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Severance Agreements ,
State Labor Laws ,
Trade Secrets ,
Unfair Labor Practices ,
Unions
INTRODUCTION -
In our last Review, we reported that the National Labor Relations Board had a very busy year. Despite the challenges of the COVID-19 pandemic, 2020 was also a fairly busy year for the Board. In its final...more
COVID-19’s impact on workplace matters continues to broaden. The National Labor Relations Board, which has jurisdiction over most private sector employers, announced on Thursday that all union elections within its purview...more
In 2014, the NLRB held in Purple Communications that employers must allow their employees to use company email systems to engage in union activities and other protected conduct under the National Labor Relations Act. Last...more
12/19/2019
/ Electronic Communications ,
Email ,
Email Policies ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Purple Communications ,
Regulatory Reform ,
Section 7 ,
Union Organizers ,
Unions
Another Obama-era National Labor Relations Board policy may be on the ropes. Four years ago, the Board issued its controversial Purple Communications decision. In that case, it determined that employees have the right to...more
If you have followed our blog over the past year, you are aware of the long and tortured history of the National Labor Relations Board’s joint employer standard. The recent history starts with the Obama Board’s decision to...more
For employers, 2017 brought some long awaited relief and hope that return to normalcy in labor law is on the way. Admittedly, the wait for employers turned out to be a little longer than expected. The National Labor Relations...more
2/2/2018
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Department of Labor (DOL) ,
Joint Employers ,
Micro-Unions ,
NLRB ,
OSHA ,
Persuader Rules ,
Quickie Election Rules ,
Sick Leave ,
Unions ,
Wage and Hour
Public employers in Pennsylvania beware: if you implement an attendance policy designed to get your employees to show up for work, you may commit an unfair labor practice! If your employees are represented by a labor union,...more
Earlier in the year, we reported on a temporary injunction issued by a federal district court Judge in Texas. The injunction prevented the Department of Labor from enforcing the so-called “persuader rule.” The rule sought...more
11/18/2016
/ Attorney-Client Privilege ,
Collective Bargaining ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Final Rules ,
LMRDA ,
Permanent Injunctions ,
Persuader Rules ,
Reporting Requirements ,
Trump Administration ,
Unions
The United States Department of Labor issued regulations earlier this year finalizing the “Persuader Rule.” Under the new Rule, employers and consultants (including lawyers) would be required to report labor relations advice...more
7/8/2016
/ Attorney-Client Privilege ,
Department of Labor (DOL) ,
Due Process ,
Fifth Amendment ,
Final Rules ,
First Amendment ,
Free Speech ,
Freedom of Association ,
LMRDA ,
Persuader Rules ,
Preliminary Injunctions ,
Unions