The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I
The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II
Business Better Podcast Episode: Bridging Campuses: Legal Insights on Education Industry Consolidation – Labor, Employment, and Benefits
Employee Rights in Non-Unionized Workplaces: What's the Tea in L&E?
The Labor Law Insider: How Unions Are Navigating Trump 2.0, Part II
The Labor Law Insider - How Unions Are Navigating Trump 2.0, Part I
Stumbling Your Way Into a Union: Key Advice for Employers: What’s the Tea in L&E?
The Labor Law Insider: What's Next for Labor Law Under the Trump Administration, Part II
The Labor Law Insider: What's Next for Labor Law Under the Trump Administration, Part I
The Burr Broadcast: Captive Audience Meetings
The Labor Law Insider - Elections Have Consequences: Labor Law Changes Anticipated Under Trump Administration, Part II
#WorkforceWednesday®: Biden’s Final Labor Moves - Employment Law This Week®
The Labor Law Insider - Elections Have Consequences: Labor Law Changes Anticipated Under Trump Administration, Part I
#WorkforceWednesday®: What a Trump Win Means for Unions - Employment Law This Week®
What's the Tea in L&E? "If You Don't Like It Here, You Can Leave!"
Work This Way: A Labor & Employment Law Podcast - Episode 35: Navigating Union Campaigns with Armando Llorente of Llorente HR Consulting
The Labor Law Insider - Whistleblower Breaks Details of NLRB Mail Ballot Election Abuse – Part II
The Labor Law Insider: Whistleblower Breaks Details of NLRB Mail Ballot Election Abuse - Part I
Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part II
The Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part I
A series of game-changing moves from the White House have left employers struggling to understand the lay of the land when it comes to the nation’s labor law. Even though it might feel like we’re entering unchartered...more
In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more
In two opinions released on August 31, the National Labor Relations Board (NLRB) overruled two 2019 decisions to expand the scope of workers’ concerted activity protections under the National Labor Relations Act (NLRA). Those...more
It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more
The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023)....more
1. The National Labor Relations Board expanded its authority to include awarding consequential damages in unfair labor practice cases. Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022). Monetary remedies for violations of the...more
With a new President comes a shift in the balance of power at the National Labor Relations Board. To start, shortly after President Biden took office in January, the NLRB’s sole Democrat, Chairman McFerran, issued several...more
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
1. The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more
The COVID-19 outbreak implicates many different laws for employers to consider as they develop and refine their responses to rapidly changing circumstances. The National Labor Relations Act (NLRA) is just one of these laws....more
The following is a summary of key decisions from the National Labor Relations Board (Board) and its Division of Advice during the period in which the Republican Party has controlled the Board under the Trump administration. ...more
The Board continues churning out precedent-setting decisions as year-end approaches. Two days before the Christmas holiday, in Wal-Mart Stores, Inc., 368 NLRB No. 146 (Dec. 16, 2019), the NLRB applied its new view on handbook...more
The NLRB reversed the controversial holding in Purple Communications, which allowed employees to use their employer's e-mail system during non-working hours to engage in Section 7 protected discussions regarding wages, hours...more
As discussed in previous blog posts and articles, the National Labor Relations Board (NLRB), in Boeing Co., overruled past precedent that had resulted in the invalidation of “commonsense [workplace] rules and requirements...more
The National Labor Relations Board (“Board”) is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the...more
It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more
The National Labor Relations Board has reminded employers that they must tolerate a certain degree of heated discourse during a union organizing campaign before discipline or termination may be warranted. On June 27, 2019,...more
The National Labor Relations Act (NLRA or the Act) gives employees in the private sector the right to form and join unions and to collectively bargain with employers. It also gives employees the right “to engage in other...more
On July 13, 2018, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released several memos authored by the Board’s Division of Advice, which offer further guidance to employers about how the Board...more
On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more
The 5th Circuit Court of Appeals recently became the second federal appeals court this year to hold that an employer’s rule prohibiting recording in the workplace violates the National Labor Relations Act (NLRA). In a July 25...more
Almost everyone would agree they prefer to work in a civil and respectful environment. Because of this, many employers have developed policies and training sessions to promote civil and respectful behavior in the workplace....more
The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more
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