As our associate Evan Conder reported in a blog post last month, a Regional Director for the National Labor Relations Board issued a game-changing decision that players on Dartmouth’s men’s basketball team are “employees” within the meaning of the National
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As one of the first law firms in the country devoted exclusively to the representation of management in labor and employment matters, Shawe Rosenthal LLP represents employers throughout the United States in federal and state courts and arbitral forums, as well as before the Equal Employment Opportunity Commission, the National Labor Relations Board, the Department of Labor, and other administrative agencies. Our clients range from Fortune 100 companies to smaller businesses and non-profits in a wide range of industries. Our firm’s practice includes both litigation and preventive measures. We place great emphasis on providing effective and efficient advocacy, responsive client service, and sound practical advice.
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Federal Court Tosses NLRB’s Expanded Joint Employer Rule
In a victory for employers, a federal district court judge in Texas vacated (or blocked) the National Labor Relations Board’s 2023 Final Rule that sought to rescind and replace the Trump Administration’s 2020 Rule establishing the current test for determining…
Wiping the (Diverse Candidate) Slate Clean?
In the aftermath of the Supreme Court’s decision rejecting affirmative action in college admissions, there have been well-publicized attacks on corporate diversity initiatives. And now the conservative advocacy group, America First Legal Foundation, is tackling the NFL and its Rooney…
Could Headphones Have Averted a Work-From-Home Tragedy?
Recently I was updating an employee handbook and beefed up the work from home policy. I made sure the policy specified that the employee must have a dedicated work location, free from distraction, and must use only company-issued laptops. A…
Display of BLM Insignia = Protected Concerted Activity
This is true in the context of existing race discrimination concerns and complaints in this particular (non-union) workplace, according to the National Labor Relations Board in a case involving Home Depot. Notably, the Board asserted that, “Insofar as BLM has…
Is the NLRB Overstepping? Proposed Remedy Would Give Unions Hiring Control
The National Labor Relations Board’s (the Board) General Counsel, Jennifer Abruzzo ,has sought stronger remedies for violations of the National Labor Relations Act. Her newest proposed remedy would, in some cases, allow a union to decide who must be hired…
March Madness in February? Unionization Heats Up College Sports Landscape
On February 5, 2024, Laura Sacks, Regional Director for Region 1 of the National Labor Relations Board (“NLRB”), ruled that players on Dartmouth’s men’s basketball team are “employees” within the meaning of the National Labor Relations Act (“NLRA”). While this…
Maryland’s “Draft” FAMLI Regulations – What Do They Say?
On January 29, 2024, the Maryland Department of Labor’s (MDOL) issued “draft” regulations to implement Maryland’s paid family and medical leave insurance (FAMLI) law, and invited public comment. Starting January 1, 2026 (caveat below), this law will provide most Maryland…
Employers, “When you assume, you make an ass out of u and me.” – Oscar Wilde (or not?*)
And employers should take heed, because making assumptions about employees when making employment decisions can certainly make you look like an ass (and by that, I do mean the donkey-like animal and not the body part. Honestly, keep your mind…
When One of Your Employees Fails to Report to Work…
Say, like the Secretary of Defense. The media has been abuzz with the story of Secretary Lloyd Austin’s recent medical issues – and particularly the fact that the White House, as well as the Deputy Defense Secretary Kathleen Hicks (who…