The NLRB’s top prosecutor just issued a memo which seeks to bar employers from convening employee meetings on working time to address union representation unless they provide employees specific assurances that participation...more
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
3/16/2022
/ Biometric Information ,
Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Policies ,
Financial Services Industry ,
Former Employee ,
Hiring & Firing ,
Labor Relations ,
Mental Health ,
Metaverse ,
NLRB ,
Non-Compete Agreements ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Legislation ,
Ransomware ,
Reasonable Accommodation ,
Remote Working ,
Restrictive Covenants ,
State Privacy Laws ,
Trade Secrets ,
Union Organizers ,
Unions ,
Virtual Meetings
In one of its final moves of the year, the National Labor Relations Board announced in late December that will reconsider the current legal standard for determining whether workers are independent contractors or employees....more
As we recently forecasted, the House of Representatives has reintroduced a bill designed to radically transform the labor relations landscape, substantially tilting the playing field towards organized labor. The “Protecting...more
2/9/2021
/ Arbitration Agreements ,
Confidential Information ,
Employer Liability Issues ,
Independent Contractors ,
Joint Employers ,
Labor Relations ,
Micro-Unions ,
Misclassification ,
NLRA ,
NLRB ,
Posting Requirements ,
Proposed Legislation ,
Protected Concerted Activity ,
Protests ,
Quickie Election Rules ,
Secondary Boycott ,
Union Elections ,
Union Membership ,
Union Organizers ,
Unions
The NLRB’s General Counsel recently released a guidance memorandum advising the Board to apply a stricter standard when evaluating if an employer’s support for union organizing activities violates the National Labor Relations...more
This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more
8/21/2020
/ Business Closures ,
Centers for Disease Control and Prevention (CDC) ,
Charitable Donations ,
COBRA ,
Coronavirus/COVID-19 ,
Covered Employees ,
Data Privacy ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Force Majeure Clause ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Health and Safety ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Plan Sponsors ,
Highly-Skilled Workers Visa ,
HIPAA Privacy Rule ,
Hiring & Firing ,
Hurricane Season ,
Infectious Diseases ,
Labor Relations ,
Medical Leave ,
Military Leave ,
Military Service Members ,
Natural Disasters ,
NLRB ,
OSHA ,
Retirement ,
Retirement Plan ,
Retirement Plan Providers ,
State Labor Laws ,
Unemployment Benefits ,
Unemployment Compensation System ,
Unions ,
USCIS ,
USERRA ,
Visa Applications ,
Visas ,
Volunteers ,
Wage and Hour ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
On the eve of their scheduled implementation date, a federal court judge in Washington, D.C. struck down significant portions of the National Labor Relation’s Board new union representation procedures – handing a significant...more
As more states legalize medicinal and recreational cannabis, many states are requiring that cannabis employers enter into a “labor peace agreement” with a union in order to obtain or maintain a license to grow, manufacture,...more
6/1/2020
/ Agribusiness ,
Cannabis-Related Businesses (CRBs) ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Labor Relations ,
Marijuana Related Businesses ,
NLRA ,
NLRB ,
State Labor Laws ,
Unions
The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more
2/11/2020
/ Arbitration ,
Arbitration Agreements ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Employer Liability Issues ,
Employer Rights ,
Employment Litigation ,
Gag Rule ,
Hiring & Firing ,
Joint Employers ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
Misclassification ,
NLRA ,
NLRB ,
Pending Legislation ,
Persuader Rules ,
Presidential Veto ,
Protests ,
Quickie Election Rules ,
Right to Strike ,
Right to Work ,
Secondary Boycott ,
Trump Administration ,
Union Elections ,
Union Organizers ,
Unions ,
Wage and Hour
The National Labor Relations Board just ruled that employers may now require confidentiality from employees involved in open workplace investigations. Importantly, Tuesday’s decision in Apogee Retail LLC resolves conflicting...more
12/19/2019
/ Boeing ,
Confidential Information ,
Confidentiality Policies ,
Employee Handbooks ,
Employer Liability Issues ,
Employer Rights ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Relations ,
NLRA ,
NLRB ,
Workplace Investigations
The National Labor Relations Board just decided that employers have the right to cease union dues collections once the relevant collective bargaining agreement expires, again restoring balance to the labor relations...more
The National Labor Relations Board took the latest step in the long-simmering debate over whether college teaching and research assistants could unionize when it released a proposed rule on Friday that would once again block...more
9/24/2019
/ Collective Bargaining ,
Colleges ,
Comment Period ,
Educational Institutions ,
Federal Labor Laws ,
Graduate Students ,
NLRA ,
NLRB ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Public Comment ,
Student Employees ,
Teaching Assistants ,
Unions ,
Universities
With one final jolt to end the year, a federal appeals court ruled Friday that the impractical joint employer test originally adopted by the Obama-era National Labor Relations Board in 2015 was properly enacted and therefore...more
In what employers are sure to hope is just a temporary—but stinging—setback, the National Labor Relations Board today vacated its December ruling that had freed employers from having to deal with an unworkable and expansive...more
One day after overturning the Obama-era’s joint-employer standard and in the waning days of Philip Miscimarra’s Chairmanship, the National Labor Relations Board struck down the pro-union use of micro-units, a tool used to...more
The newly constituted National Labor Relations Board announced that a troublesome joint-employer test adopted in 2015 would be immediately scrapped, instead reaffirming its prior reasonable standard for determining...more
Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more
9/6/2017
/ Banner Health System ,
Bargaining Units ,
Browning-Ferris Industries of California Inc. ,
Civility ,
Class Action Arbitration Waivers ,
Collective Bargaining ,
Columbia University ,
Confidentiality Policies ,
Corporate Counsel ,
D.R. Horton v NLRB ,
Email Policies ,
Employee Handbooks ,
Employment Policies ,
Internal Investigations ,
Joint Employers ,
Labor Relations ,
Micro-Unions ,
NLRA ,
NLRB ,
Presidential Appointments ,
Purple Communications ,
Quickie Election Rules ,
Section 7 ,
Specialty Healthcare ,
Student Athletes ,
Temporary Employees ,
Trump Administration ,
Unions
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more
7/7/2017
/ Administrative Interpretation ,
Advocate Health Care v Stapleton ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
Church Plans ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Department of Labor (DOL) ,
Discrimination ,
Electronic Records ,
Employee Retirement Income Security Act (ERISA) ,
Fair Labor Standards Act (FLSA) ,
Harassment ,
Hiring & Firing ,
Independent Contractors ,
Interlocutory Appeals ,
Joint Employers ,
Medical Marijuana ,
Microsoft v Baker ,
Minimum Salary ,
Misclassification ,
New Legislation ,
NLRB ,
Opinion Letter ,
OSHA ,
Over-Time ,
Popular ,
Public Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title III ,
Travel Ban ,
Trump v Hawaii ,
Trump v International Refugee Assistance Project ,
Uber ,
Unfair Labor Practices ,
Website Accessibility ,
White-Collar Exemptions
In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more
6/14/2017
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employer Liability Issues ,
Hiring & Firing ,
Interrogations ,
Leave of Absence ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Text Messages ,
Unfair Labor Practices ,
Union Elections ,
Unions
May Day has historically been a day marked by workers’ rights protests, with union organizing activities and other employee advocacy actions taking place across the country on what is now known as “International Workers’...more
4/24/2017
/ Adverse Employment Action ,
Immigrants ,
NLRA ,
NLRB ,
Protests ,
Public Relations ,
SEIU ,
Strike ,
Trump Administration ,
Unfair Labor Practices ,
Unions ,
Workplace Communication
Lessons To Be Learned For Organizing Campaigns -
For the first time in American labor law history, a jury found that a union defamed and disparaged an employer while waging a bitter organizing campaign, costing the...more
In yet another blow to employers, a National Labor Relations Board Administrative Law Judge recently upheld the right of employees who regularly work with customers to wear offensive union buttons prominently displaying the...more
An Ohio employer recently learned the hard way that employers need to be cautious when it comes to communicating with striking employees about permanent replacements. By mistakenly telling them that their employment had been...more
NLRB Rejects Permanent Replacement Workers In Groundbreaking Ruling -
In an unprecedented 2-1 decision, the National Labor Relations Board recently held that a California continuing care facility violated the National...more
Employee walkouts and protests are likely to occur on a massive scale across the country on Tuesday, November 10, spurred on by the union-supported “Fight for $15” movement. Low-wage workers seeking higher pay and possible...more
11/6/2015
/ Best Management Practices ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Fast-Food Industry ,
Joint Employers ,
Minimum Wage ,
NLRB ,
Restaurant Industry ,
Right to Control ,
SEIU ,
Strike ,
Unions