When I was a kid, it was a thrill (and, yes, it still is today) to watch all the movie trailers before the main feature. Unfortunately, some of those trailers actually spoiled the movie they were previewing (thinking of you,
Continue Reading Spoiler Alert: The NLRB Is Poised to Dramatically Rework Its Joint Employer Standard
On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) released its emergency temporary standard (ETS) on COVID-19 vaccinations. In summary, the ETS provides that employers with at least 100 employees must either mandate COVID-19 vaccinations of their workforces or
Continue Reading What Are We Supposed To Do Now? Recommended Next Steps for Unionized Employers Regarding OSHA’s COVID-19 Vaccination/Testing Rule
As explained in a prior post, the National Labor Relations Act (NLRA) gives employees the right to engage in “protected concerted activity” when such activity is intended to improve their wages, benefits and working conditions. We also discussed NLRB
Continue Reading Through the Looking Glass, Part 2: What Does ‘Protected Concerted Activity’ Look Like?
For a bit of a pleasant change, there’s some positive labor relations news for employers on the legislative front. But it’s not exactly rainbows and unicorns.
As we explained previously, Democrats in the U.S. House of Representatives included provisions
Continue Reading The Continuing Adventures of the Congressional Reconciliation Package: NLRA Civil Penalties Trimmed in Latest Version of Legislation
The National Labor Relations Board’s (NLRB) Division of Advice (Advice), which provides guidance to the NRLB’s regional offices regarding difficult and novel issues, recently released an internal memo concerning employee online communications that should be cause for concern among employers.
Continue Reading Hands Off My Tech: Employers May Not Restrict Employee Communications Transmitted via Third-Party Smartphone Applications
Since the passage of the National Labor Relations Act (NLRA) in 1936, employees have possessed a right to engage in “protected concerted activity,” meaning they have the right to discuss workplace concerns and take action for mutual aid or protection.
Continue Reading Through The Looking Glass: The NLRB Seeks To Expand The Concept Of ‘Protected Concerted Activity’ Beyond Its Imaginable Limits
The Trump National Labor Relations Board’s (NLRB or Board) new standard for cases where an employee is disciplined for using offensive speech in the course of engaging in protected labor activity may have a very short lifespan. The standard was
Continue Reading NLRB Given a ‘Mulligan’ in Offensive Speech Case
The U.S. Court of Appeals for the District of Columbia Circuit recently held that the National Labor Relations Board (NLRB or Board) properly considered a secret recording of an employer meeting with employees in finding that the employer committed multiple
Continue Reading ‘Please Speak into My Lapel’: D.C. Circuit Finds That NLRB Properly Considered Secret Recording That Arguably Violated State Law
If you hear a clinking noise in the distance, that may be the sound of organized labor hoisting its mugs to toast the Democratic majority in Congress.
The House of Representatives’ Committee on Education and Labor announced a number of
Continue Reading A Hard Rain About to Fall? House Committee Details Proposed Changes to Federal Labor Law
President Biden has just announced that he is tasking OSHA with implementing a new emergency rule mandating that employers with at least 100 employees either require their workforce to be vaccinated or require unvaccinated employees to produce a negative COVID-19
Continue Reading BREAKING: OSHA’s Vaccine Mandate and Unionized Employer Bargaining Obligations
