Prior to 2014, NLRB case law gave an employer the right to control its property. The NLRB tempered that right when an employer exercised it in a way that discriminated against activities protected by Section 7 of the National Labor Relations Act. Thus, facially neutral policies or rules regarding the permissible uses of an employer’s email systems were lawful even if they may have had an incidental effect of limiting the email system’s for union-related…

On December 13, 2019, the National Labor Relations Board (“NLRB”) announced changes to regulations implemented during the Obama administration that had significantly tilted the NLRB’s election procedures in favor of unions. The Obama rules were commonly referred to as the “quickie” election rules because they accelerated the election process by imposing tight deadlines on employers. Those deadlines were perceived as making it more difficult for an employer to mount an effective informational campaign prior to…

And just like that, another Festivus (A Festivus for the Rest of Us!) is upon us! We are celebrating Festivus by revisiting this year’s Airing of Grievances and Feats of Strength.     Airing of Grievances In the latest head scratcher, through a pair of Declaratory Orders—issued within eight months of each other—the Iowa Department of Revenue determined that Pilates classes are not subject to sales tax because they are “instruction in recreational activities” but spinning classes are…

I earlier wrote about how various contenders for the Democratic Party nomination for President were wooing organized labor, and how the campaign organizations needed to be mindful that they were themselves “employers” under various federal labor laws. That first blog post noted that several of the campaigns had voluntarily recognized a variety of labor organizations as the exclusive bargaining representative of certain employees of the corporate entity which is the official “campaign” organization. I also…

Earlier this year the U.S. House of Representatives passed an act intended to allow federally regulated banking entities to provide banking services to “cannabis-related legitimate businesses.” The bill, H.R. 1595 (the “SAFE Banking Act”), passed the House with an overwhelming majority 321-103 and was sent to the Senate on September 27th. The path appeared clear for the bill to pass the Senate and move on for the President’s signature. Since the day it was…

Last week, an Ankeny woman was arrested for selling products that contained cannabidiol, or CBD, as it is widely known. This incident is a stark reminder that despite the passage of the 2018 Farm Bill, CBD and other hemp products are still illegal in Iowa. Until the USDA approves the state’s plan for hemp production, CBD is considered to be the same as marijuana under Iowa law. And even after the USDA has approved the…

Financial Technology, often shortened to fintech, is a booming industry where technology and innovation compete with traditional financial methods in the delivery of financial services, including virtually any major financial transaction. Due to this boom, fintech companies are growing exponentially around the globe. In 2018 venture capital-backed financial technology companies raised a whopping $39.57 billion, an increase of 120 percent from previous years. In the United States alone, fintechs raised a record of $11.89 …