Popular, Unions, Corporate Counsel

Is Darth Vader Luring AI to the Dark Side of Labor Law? Why Latest Union Battle Means Employers Should Proceed with Caution

Fisher Phillips on 5/27/2025

A video game developer needs to hope that the Force is with it as it squares off with a union over the use of artificial intelligence in the workplace. SAG-AFTRA just filed an unfair labor practice (ULP) charge against Epic...more

The National Labor Relations Board 2022 Year In Review

McNees Wallace & Nurick LLC on 2/2/2023

2022 was a great year for U.S. labor unions and employees, but not so much for U.S. employers. The Biden National Labor Relations Board (NLRB) dug in and got to work, reversing precedent and charting a course to reinterpret...more

NLRB Poised to Tip Scale in Favor of Disclosure of Employer Financial Information Based on Competitive Disadvantage Statements

Davis Wright Tremaine LLP on 12/30/2022

In recent weeks, the National Labor Relations Board has issued several labor-friendly decisions, quickly checking off key items on General Counsel Jennifer Abruzzo's agenda. On November 30, 2022, the General Counsel released...more

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on 1/31/2022

INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more

June 2021: The Top 19 Labor And Employment Law Stories

Fisher Phillips on 7/7/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Labor Board Grants Employers Greater Rights To Limit Union Activity On Premises

Fisher Phillips on 6/17/2019

The National Labor Relations Board issued a decision on Friday reversing 37 years of precedent and thereby granting employers greater rights to limit union activity on their premises. Under the “public space” exception,...more

2019: The Year Ahead For Employers

Jackson Lewis P.C. on 1/8/2019

Labor and employment law saw a flurry of activity in 2018 as the Trump Administration’s deregulation and pro-business policies took effect across the country. State and local governments responded in a variety of ways to ...more

Thinking About E-Verify? Verify With The Union First!

Seyfarth Shaw LLP on 9/21/2018

Seyfarth Synopsis: The E-Verify program has become a controversial topic in the political arena and throughout workplaces nationwide. Last month, the NLRB held, amongst other things, that an employer violated the NLRA by...more

August 2017: The Top 11 Labor And Employment Law Stories

Fisher Phillips on 9/9/2017

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more

WPI Insider Briefing: Workplace Policy under the Trump Administration Begins to Take Shape as "Repeal and Replace" of the ACA...

Littler on 7/11/2017

Five months into President Trump's term, his administration's workplace policy is beginning to take shape. From notable developments at the Department of Labor (DOL), to long-awaited nominations to the National Labor...more

Sometimes It’s Not What You Say But How You Say It

Faegre Drinker Biddle & Reath LLP on 6/13/2017

A recent First Circuit opinion demonstrates that sometimes how you say something is more important that what you say. In fact, that principle led the court to reverse the NLRB’s order that a Massachusetts hospital must...more

NLRB Affirms Stance on Employee Use of Company Email During Non-Work Time

Pullman & Comley - Labor, Employment and... on 4/27/2017

The National Labor Relations Board (NLRB) recently affirmed its 2014 decision in Purple Communications, Inc. and Communications Workers of America, AFL–CIO which held that if employees are granted access to their employer’s...more

The National Labor Relations Board 2016 Year in Review – Whitepaper

McNees Wallace & Nurick LLC on 2/21/2017

Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more

NLRB General Counsel Creates a “Misclassification-Plus” Unfair Labor Practice

Troutman Pepper Locke on 8/31/2016

On August 26, 2016, the National Labor Relations Board made public an Advice Memorandum from the NLRB’s Office of General Counsel regarding an unfair labor practice case arising in the context of independent contractor...more

Court Dismisses Case Filed Under the Defend Trade Secrets Act

Hinshaw & Culbertson LLP on 8/11/2016

Earlier this year, we notified you about the passage of the Defend Trade Secrets Act of 2016 (DTSA) and how it affects employers. On August 8, 2016, a U. S. District Judge in the Southern District of Florida dismissed one of...more

NLRB Decision Potentially Expands "Perfectly Clear" Successorship Rule

Ballard Spahr LLP on 7/22/2016

The National Labor Relations Board (NLRB) issued a decision in Nexeo Solutions, LLC earlier this week, ruling that the buyer in an asset purchase of the seller’s business was a "perfectly clear" successor. As a result, the...more

Unionized Employers, Take Note: E-Verify Is a Minefield

Faegre Drinker Biddle & Reath LLP on 5/23/2016

On May 13, 2016, a National Labor Relations Board (NLRB) judge ordered The Ruprecht Company, a meat processor and food manufacturer, to provide confidential immigration documents to the union and to rescind its participation...more

Third Circuit Court of Appeals Permits Chapter 11 Debtor to Reject Expired CBA

Mintz - Employment, Labor & Benefits... on 1/28/2016

It is a familiar scenario: a company is on the verge of bankruptcy, bound by the terms of a collective bargaining agreement (CBA), and unable to negotiate a new agreement. However, this time, an analysis of this distressed...more

Unionized Workforce Alert: “Last Chance” Agreement Gives Fired Employee Another Chance – Six Years Later

McCarter & English, LLP on 12/9/2015

The scenario is familiar to most employers that manage employees covered by a collective bargaining agreement: a union challenges the termination of a bargaining unit member, and the parties face an uncertain outcome before...more

Germany: New Legislation Adjusts Temporary Employment and Contracts for Work and Labour

Littler on 11/30/2015

On 16 November 2015, Germany's Federal Minister of Labour introduced draft legislation to reform temporary employment and contracts for work and labour. The planned modifications intend to focus on the core function of...more

Maintaining the Magic: Disney's Use of Confidentiality Restrictions to Promote Character Integrity

Baker Donelson on 7/13/2015

When your business depends on a carefully-crafted public image, you do not want the public to know how hard you work to maintain that image. These days, that includes preventing your employees from revealing too much via...more

NLRB Overrules Precedent; Allows Unions Easy Access to Employee Witness Statements

Franczek P.C. on 7/7/2015

For nearly 40 years, the National Labor Relations Board has followed a bright-line rule pursuant to which an employer is privileged to withhold witness statements from unions. In its 1978 Anheuser-Busch Inc. decision, the...more

The NLRB is Primed to Change How Unions Organize Temporary Employees

Littler on 6/9/2015

Under current National Labor Relations Board rules, a union can organize a bargaining unit of temporary employees, and the user employer’s solely employed regular employees, only if both employers consent. However, the Board...more

NLRB Issues "Ambush Election" Rules — Union Elections Now Likely to Occur in Less than 21 Days

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/12/2014

On December 12, 2014, the National Labor Relations Board (NLRB) implemented the long- anticipated “ambush election” rules, which govern the procedures for union representation elections. The new rules go into effect on April...more

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

BakerHostetler on 11/24/2014

As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security...more

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