I went to sleep with gum in my mouth and now there’s gum in my hair and when I got out of bed in the morning I tripped on the skateboard and by mistake I dropped my sweater in the sink while the water was running and I could tell it was going to be … Continue Reading
In a much anticipated (yet thoroughly unsurprising) decision, on August 2, 2023, the National Labor Relations Board (NLRB or Board) again reversed precedent, crafting a what’s-old-is-new-again standard for evaluating – and easily invalidating – employer work rules. The long and short of the Board’s decision in Stericycle, Inc. is that employers can now expect, much … Continue Reading
Now that we’re almost half-way through 2023, it’s time again to review the developments in state and local labor and employment laws. State legislatures and city councils continue to be very busy making new laws and amending existing laws. In fact, due to the large number of updates, we are splitting our post into two parts. … Continue Reading
Since approximately mid-2021, unions have been aggressively seeking to reassert their relevance in the US workplace. Extensive media coverage of high-profile union organizing campaigns at Amazon, Apple, Starbucks, Trader Joe’s, and other well-known large companies has chronicled those efforts, but unions have been hard at work seeking to organize employees at employers of all sizes … Continue Reading
As we previously reported, the National Labor Relations Board (“NLRB,” or “the Board”) decided last month in McLaren Macomb, 372 NLRB No. 58, that an employer commits an unfair labor practice (“ULP”) when it presents a non-supervisory employee with a severance agreement containing broad confidentiality and/or non-disparagement provisions. The Board reasoned that even proffering an … Continue Reading
Back in November 20201 we reported here on some new Acas guidance on changing terms of employment through dismissal and re-engagement, and in November last year on the Government’s intention to issue a new statutory Code on that practice here. A first draft of that Code has now landed and we can exclusively report that … Continue Reading
Over the course of one week in mid-December, the Democrat-appointed majority members of the National Labor Relations Board (NLRB or the Board) significantly altered the labor law landscape for employers by issuing a flurry of high visibility, much anticipated decisions. Among other things, these decisions will make it easier for unions to organize employees and … Continue Reading
Last Tuesday, September 13, the Ohio Supreme Court struck down a state statute that prohibited public-sector labor unions and their members from encouraging targeted picketing at the homes of public officials, stating that the law was an unconstitutional content-based restriction on free speech. The decision was unanimous as to the result, but the Justices were … Continue Reading
On August 29, 2022, the National Labor Relations Board (NLRB or Board) overturned prior NLRB precedent and announced a new and highly restrictive standard for employers seeking to establish and enforce workplace uniform policies and dress codes. A large manufacturer maintained a dress code policy, which mandated that employees wear “assigned team wear” consisting of … Continue Reading
The metaverse is poised to reshape the way we live and work. Employment law in real life is vexing enough, with US employers required to navigate the complex federal, state and local laws and regulations that impact the employment relationship. Now some employers and businesses are making the leap into the virtual world, where employment … Continue Reading
Two major developments this week illustrate a new landscape for employers with regard to union organizing campaigns. First, the National Labor Relations Board has reported a dramatic increase recently in the number of union election petitions (i.e., requests for elections to decide whether a union may represent a group of workers). During the first half … Continue Reading
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of October 18, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of October 11, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of September 6, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
The National Labor Relations Board has taken another step to expand employees’ and unions’ remedies for violations of federal labor law. On September 8, the Board’s General Counsel, Jennifer Abruzzo, issued a memo instructing Board officials to seek new and broader types of remedies in wrongful discharge cases and other situations.… Continue Reading
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of July 12, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
This summer has been an eventful one as far as it relates to high-level personnel matters at the National Labor Relations Board’s headquarters in Washington, D.C. Developments in the Office of the General Counsel As one of his first acts on Inauguration Day, President Biden fired Peter Robb, the Senate-confirmed General Counsel of the National … Continue Reading
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of June 21, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
This week, President Biden moved the National Labor Relations Board one step closer towards having a majority of members with pro-union backgrounds. This occurred after Biden nominated his second new member to fill one of the NLRB’s five seats. Biden selected David Prouty, an attorney who has spent his career representing labor unions. If Prouty … Continue Reading
The National Labor Relations Board has provided important guidance for employers who deal with unions that may have tenuous employee support. As many employers know, after a union has been certified as the representative of a group of employees, there are certain legal procedures and doctrines that may allow an employer to cease bargaining with … Continue Reading
From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of March 29. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
UPDATE (1/25/21): President Biden named Peter Sung Ohr as the NLRB’s Acting General Counsel. Mr. Ohr is a career NLRB employee, having held positions with the NLRB in Hawaii, Washington, D.C., and most recently, as the Regional Director for Region 13 in Chicago. UPDATE (1/21/21): Less than 24 hours after firing the top lawyer at … Continue Reading
An employee confronts you – a small business owner – and calls you a “f***ng mother f***cker,” a “f***ing crook,” an “a**hole,” and “stupid,” tells you that none of your employees like you and everyone talks about you behind your back, and warns you that you’ll regret firing him, if you do. Or you’re a … Continue Reading
The National Labor Relations Board continues to clarify and update employers’ obligations in key areas. As discussed below, one recent decision clarifies when employers may enter into arbitration agreements that require employees to keep the proceedings confidential. Another recent decision rescinded a rule issued by the Obama-era NLRB and clarified, for employers who are negotiating … Continue Reading
