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The National Labor Relations Board has recently signaled another key change for unionized employers. The Board may be on the verge of significantly expanding employers’ key defense to alleged failure-to-bargain unfair labor practice charges. Historically, the Board has made it particularly difficult for a unionized employer to adjust or update its operations in a way that affects employees. At default, when a union represents a group of employees, their employer must bargain with that union…
The news today will be full of stories about mental health, aimed at raising awareness of this critical issue.  Similarly, many companies will be running events to support employees’ mental health, encouraging them to feel comfortable disclosing their any issues and to seek support.  This is all very laudable and forms an important part of the ongoing efforts to end the stigma of mental illness.  However, mental health is not an issue for one day…
The change in administration following the 2016 election resulted in a change in the political makeup of the National Labor Relations Board.  That, in turn, led to a number of significant changes in the law, affecting a wide range of labor relations issues and impacting both unionized and non-union employers.  Please join us on October 10 at 2:00 p.m. Eastern/11:00 a.m. Pacific for our annual webinar addressing these developments at the NLRB.  Registration is here.…
Earlier this year, the United States Supreme Court held in Epic Systems Corp. v. Lewis that employers can require employees to agree to arbitrate disputes between them solely on an individual basis and to waive class and collective action litigation procedures without running afoul of federal law.  (See our post here).   Addressing an issue not explicitly discussed in Epic, the Kentucky Supreme Court recently held in Northern Kentucky Area Development District v. Snyder that…
We’ve been keeping you apprised of the many developments over the past few years coming from the United States Supreme Court and other courts concerning agreements between employers and their employees to arbitrate disputes arising out of the employment relationship.  The Supreme Court’s decision last term in Epic Systems v. Lewis, which we discussed in our post here, garnered significant attention as it addressed the National Labor Relations Board’s (“NLRB”) several-years’-running position that…
As we discussed in our previous posts – see here and here – in April 2018, New York passed legislation intended to combat workplace sexual harassment.  Under this new law, employers are required to implement and distribute to employees a written policy prohibiting sexual harassment by October 9, 2018.  To assist employers in complying, in April 2018, the New York State Department of Labor (“NYSDOL”) released a package of draft model policies for employers and…
Redundancy. The word is enough to take the bounce out of anyone’s stride. For a business, it means undergoing a complicated process of selection, consultation, getting over all the practical hurdles that may pop up along the way and all the while somewhere at the back of your mind sits the uncomfortable prospect of a Tribunal claim landing on your desk. As lawyers, it’s our job to help prepare employers and advise on how best…
Right-to-work laws prohibit employers from entering into union security or “closed shop” agreements with unions that require employees to join and financially support a union in order to obtain employment.  Twenty-seven U.S. states presently have such laws.  In some states that do not have these laws, cities have passed local right-to-work ordinances to apply to employers doing business in their city.  These municipal-level efforts to address right-to-work issues are routinely challenged by labor unions as…