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Derivative Carriers Don’t Exist in the Air Industry, Says the NMB in Swissport

In a recent advisory opinion following the National Labor Relations Board’s (NLRB) referral, the National Mediation Board (NMB) ruled on whether the Railway Labor Act (RLA) applies to Swissport Cargo Services, LP, a...more

The WA Employee Free Choice Act – Washington’s Prohibition on Mandatory Employer Meetings about Religious, Political, and Union...

Washington is one of eight states with a law prohibiting employers from holding mandatory meetings addressing their position on religion, politics, and union organizing.  ...more

NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees

On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor...more

The Supreme Court and Seniority: What Groff v. DeJoy Means for Workplaces with Seniority-Based Bidding Systems

Seyfarth Synopsis: The U.S. Supreme Court’s decision in Groff v. DeJoy clarifies that for employers to deny accommodation to an employee under Title VII, they must demonstrate “substantial increased costs” in conducting their...more

Employers Facing 8(a)(1) Charges During Organizing Can Expect More Federal Injunction Proceedings

NLRB General Counsel Jennifer Abruzzo broadened the type of cases in which the NLRB will seek federal injunction proceedings through her General Counsel Memorandum 22-02 (Feb. 1, 2022), which issued earlier today. Section...more

Supreme Court Asked to Assess Whether City of Seattle’s Hotel Workers Insurance Ordinance Is Preempted.

Seyfarth Synopsis: A City of Seattle ordinance requires large hotels and related businesses to give workers either health insurance coverage or additional compensation. Earlier this month, the ERISA Industry Committee (ERIC)...more

Air Carrier’s Good-Faith Belief It Was Complying With California Wage Laws Precludes Penalties, District Court Rules

Seyfarth Synopsis: Recent decisions from the California Supreme Court and Ninth Circuit Court of Appeals found that at least some of California’s wage and hour laws can apply to flight crew domiciled in the Golden State if...more

D.C. District Affirms the NMB’s Decertification Rule

Seyfarth Synopsis: The National Mediation Board’s new decertification rule survived the first round of legal challenge. In 2019, the NMB issued a final rule providing a direct decertification process under the Railway Labor...more

Potential Path for Carriers and Employers to Enjoin Strikes over COVID-19 Issues: Court Rejects Union’s Effort to Use Safety...

Seyfarth Synopsis: Many employers have been dealing with threats of COVID-19 related work stoppages over the past several months. Whether such strike activity is subject to no-strike clauses under the National Labor...more

New York State Passes Healthy Terminals Act

Seyfarth Synopsis: Over a year since it was introduced, the New York State Senate and Assembly recently passed the Healthy Terminals Act. The Act, among other things, gives the government the authority to set prevailing wages...more

Washington State Mandates Protections for "High-Risk" Employees Including Continuation of Employer-Related Health Insurance...

On April 13, 2020, Washington Governor Jay Inslee amended his previously issued Order 20-05, which proclaimed a state of emergency associated with the spread of COVID-19.  The amended Order 20-05 provides protections for...more

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