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Employer Responsibilities Unions

Spilman Thomas & Battle, PLLC

NLRB’s Acting General Counsel Provides Employers with Sweet Guidance About Union “Salts”

Unions sometimes use a strategy called “salting” to organize employees. It occurs when a union sends a union member (a “salt”) to an unorganized job site to obtain employment and then organize the employees. Because job...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 2, August 2025

Welcome to our latest issue of SuperVision. In this edition, we cover the latest Supreme Court ruling regarding reverse discrimination, navigating lawful DEI approaches, recent trends in unionizing efforts, and the new...more

BakerHostetler

NLRB General Counsel Gets Salty: Directs Regions to Take a Closer Look at Whether an Applicant for Employment in a ‘Salting’ Case...

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On July 24, William B. Cowen, the acting general counsel (GC) of the National Labor Relations Board (NLRB or Board), issued GC Memorandum 25-08 (Memo) to the Board’s regional offices (Regions) to provide guidance on...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Walking the Line in Québec: Where Employer Freedom of Expression Ends and Union Interference Begins

A March 2025 Superior Court of Québec decision has sharpened the rules on what employers can and cannot say to unionized employees during collective bargaining. This article breaks down how the latest case law draws the line...more

Vorys, Sater, Seymour and Pease LLP

Ohio Enacts Mini-WARN Law Requiring Notice of Plant Closings and Mass Layoffs

On July 1, 2025, Ohio enacted a new mini-WARN law as part of House Bill 96 (the biennial budget bill). Codified at Ohio Revised Code §4113.31, the statute takes effect on September 29, 2025, and imposes new state-specific...more

Franczek P.C.

Appellate Court Finds Employer Intent Matters in Dues-Related Unfair Labor Practice Charges

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Under the Illinois Educational Labor Relations Act, an employer’s failure to deduct and remit union dues based on a valid authorization by the employee or a collective bargaining agreement may be an unfair labor practice....more

Conn Maciel Carey LLP

OSHA Heat Illness Rulemaking – Hearing Recap

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OSHA held its public rulemaking hearing on the proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings standard from June 16 through July 2, 2025. Below is a summary of the hearing and a brief...more

Morgan Lewis

Federal Labour Court: Fixed-Term Contract Ends Despite Works Council Activity

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On June 18, 2025, the Federal Labour Court (BAG) ruled on the appeal of a works council member (case reference: 7 AZR 50/24). The plaintiff was employed based on a fixed-term employment contract. This contract was concluded...more

Steptoe & Johnson PLLC

The NLRB Stalemate: What’s Next for the NLRB and Wilcox?

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The National Labor Relations Board (NLRB) has been in a stalemate, as it requires a three-person quorum to issue decisions but currently has only two board members. The situation remains in flux due to President Donald...more

Proskauer - Labor Relations Update

Fifth Circuit Bites into NLRB: Apple’s Union Campaign Conduct Lawful

In the latest (of many) U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders, the Fifth Circuit has tackled employer actions during organizing campaigns. In Apple Inc. v. NLRB, No....more

Littler

Ohio Enacts Mini-WARN Act Requiring Notice Components in Addition to Federal WARN

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On July 1, 2025, Ohio Governor Mike DeWine signed House Bill No. 96, most of which related to the state’s operating budget for fiscal year 2026-2027. However, the bill also added a new code section that includes a state...more

Fox Rothschild LLP

States Pondering ‘Trigger’ Legislation to Enforce the National Labor Relations Act

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Several states are considering “trigger” laws that would allow their own labor authorities to effectively enforce labor laws if the National Labor Relations Board (NLRB or Board) fails or is unable to do so. This...more

Littler

Washington Senate Bill 5041 Expands Unemployment Benefits to Striking and Locked-Out Workers

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Washington recently became the third state in the nation—joining New York and New Jersey—to offer unemployment benefits to workers on strike or locked out by their employers. Under the newly signed Senate Bill 5041, eligible...more

Vedder Price

UK Employment Rights Bill Update: the Implementation Roadmap

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On July 1, 2025, the UK Government published a ‘roadmap’ setting out anticipated timelines for implementing the reforms in its Employment Rights Bill, marking a significant shift in workplace regulation....more

A&O Shearman

UK Employment Rights Bill: more preparation time, but no time to lose

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The Government has published an implementation roadmap for the Employment Rights Bill, outlining a phased approach to the introduction of its extensive reforms. Employers will welcome having more clarity on timings, as well...more

Ballard Spahr LLP

NLRB Acting General Counsel Says Secretly Recording Union Negotiations is Unlawful

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The National Labor Relations Board’s (NLRB) Acting General Counsel recently concluded that surreptitious recordings of collective bargaining sessions is a per se violation of the National Labor Relations Act (the Act). In...more

Littler

Canada: Off-Duty Sexual Harassment May Still Trigger a Duty to Investigate

Littler on

In a significant decision for employers, the Ontario Court of Appeal in Metrolinx v. Amalgamated Transit Union, Local 1587, upheld the Divisional Court’s ruling that quashed an arbitrator’s decision reinstating five employees...more

Miller Nash LLP

Washington Employment Odds and Ends: Assorted Changes that Will Affect Some Employers

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Among other legislative changes (see our other recent blog posts!), the Washington State Legislature passed several assorted bills that will affect certain Washington employers, including providing striking workers with...more

Proskauer - Labor Relations Update

NLRB Acting GC: Secret Recordings Of Negotiations Violate NLRA  

On June 25, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-07 to the Board’s 26 regional offices arguing that if an employer or union...more

Conn Maciel Carey LLP

D.C. Circuit Rejects NLRB’s “Irrational” View of Impasse

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Last week in Troy Grove v. NLRB, No. 23-1164 (D.C. Cir., June 13, 2025), the United States Court of Appeals for the D.C. Circuit delivered a sharp rebuke to the National Labor Relations Board, finding “irrational” the Board’s...more

Mayer Brown

Expansion of Class Action Rights for Workers: A New Era in French Employment Law?

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AT A GLANCE - It’s fair say that class actions have been virtually nonexistent under French law so far. The Act of April 30, 2025 (the “DDADUE” law)—which transposes into French law the European Directive 2020/1828 on...more

Ballard Spahr LLP

No Small Thing: Mini-Warn Act Comes to Washington State

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Washington is the latest state to enact a “mini-WARN” Act that will require employers with 50 or more full-time employees to provide at least 60 days’ notice to the state as well as any union or employees affected by a...more

Morgan Lewis

Communication Tools in a Digital Age: How Might a Works Council Interface with Employees?

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In a time of ultra-connected communication tools and work from home, the access rights of a France-based company’s works council (WC) to its electronic and internal communication resources is a necessity now more than ever....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington Governor Signs State’s ‘Mini-WARN Act’: Notice Required for Site Closings and Mass Reductions in Force

On May 13, 2025, Washington Governor Bob Ferguson signed a bill into law that will require employers with fifty or more full-time employees to notify the state, any union, and affected employers of a business site closing or...more

Littler

Labor Organizing and AI: The Employer Perspective

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Artificial intelligence (AI) presents both a large opportunity for employers — and potentially a source of reputational risk — depending on how its adoption is handled. As AI transforms the workplace, unions are responding...more

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