As we predicted when President Biden took office, the National Labor Relations Board has now returned to an Obama-era standard that permits a union to organize in as small a unit as it has support (i.e., micro-units). This continues the
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NLRB Expands its Make Whole Remedy to Include “Direct or Foreseeable” Financial Harms
On Tuesday, December 13, 2022, the National Labor Relations Board issued a wide-reaching decision expanding the remedies available to workers subjected to unfair labor practices by either unionized or non-union employers. In Thryv, Inc., the Board stated it will add
Wait, Is that Pro Golfer an Employee or Independent Contractor?
As you may be aware, there is some contentious litigation ongoing between the PGA Tour and LIV Golf, a new and controversial golf league financed by the Saudi Arabian Public Investment Fund (i.e. the Saudi Arabian government) that aims to
Harvard Fumbled the Bag* – A Lesson for Employers!
On November 2, 2022, a federal judge in Boston barred Harvard University from using its $15 million litigation claims policy to cover legal expenses in connection with its admissions program lawsuit – because Harvard (yes, that hallowed Ivy League institution,
An Employer’s Guide to the World Cup
Well, the 2022 World Cup is finally underway in Qatar. Although professional soccer does not drive quite the same amount of interest among the U.S. populace as, say, football (Go Ravens!) or basketball, the World Cup is still one of
Recreational Marijuana in Maryland? What Employers Need to Know
So, many people, including my son, are rejoicing because the voters in Maryland approved recreational marijuana (which Maryland refers to as “cannabis”) last week. Employers, however, are perhaps not quite so excited – and may be confused about what that
NLRB Issues Proposed Rule Nixing Trump-Era Rule, Reinstating Protections for Union’s Representation Status
In an expected move, the National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking (NPRM) that would rescind a final rule issued in April 2020 (the 2020 Rule), which we discussed here. The proposed rule, titled
Can Rap Music in the Workplace Create a Hostile Work Environment?
Is the playing of obscene and misogynistic rap music in the workplace discriminatory on the basis of sex if it offends women? A former Tesla employee has asked the U.S. District Court for Nevada to answer “yes” to that question
Bostock v. Clayton County: The Epilogue… and What It Means for Employers (for Now)
As I mentioned in a previous post, I am always curious as to how things turn out. But often as an employment lawyer, I am left in a state of ignorance. I give advice to employers on what to
Department of Labor Proposes Independent Contractor Interpretation
In the latest salvo in the battle over the classification of workers as independent contractors or employees, the U.S. Department of Labor announced the publication of a new proposed interpretation. The final document set forth in Notice of Proposed Rulemaking