The National Labor Relations Board (NLRB) on August 25 issued a decision announcing a stronger framework for establishing an employer’s duty to bargain with a union that has gained the support of a majority of employees. This new framework also deters common but unlawful union-busting tactics by ...
NLRB to Employers: Work Rules Must Be “Narrowly Tailored” to Avoid Interference with Protected Activity
By: Joseph D. Richardson On August 2, 2023, the National Labor Relations Board (NLRB) issued a much-anticipated decision addressing the lawfulness of employer work rules that could be read as prohibiting or interfering with employees’ rights to work together to advance their interests in the ...
The Pregnant Workers Fairness Act Goes into Effect: What It Means for Pregnant and Post-Partum Employees
By Lauren Hoye and Jesse Bernstein On Tuesday, June 27, 2023, the Pregnant Workers Fairness Act (PWFA) went into effect, just about seven months after President Biden signed it into law as part of the government funding bill. The PWFA provides that government employers and private employers with ...
Glacier Northwest v. Teamsters: The Supreme Court Examines State Tort Claims in the Context of a Private Sector Labor Dispute
By: Joseph D. Richardson and Joe Peters In what is broadly being understood as a blow to unions and a victory for employers, on June 1, 2023, the Supreme Court of the United States held that an employer could sue a union in state court over alleged destruction of employer property incurred as a ...
Implications to Employee Benefits Plans For the End of the COVID-19 National Emergency and Public Health Emergency
by Susan Bahme BlumenfeldPresident Trump declared the COVID-19 National Emergency (“NE”) on March 13, 2020, retroactively effective March 1, 2020. Similarly, the U.S. Department Health and Human Services (“HHS”) issued a COVID-19 Public Health Emergency (“PHE”), initially beginning on January 27, ...
FTC Proposes Ban on Non-Compete Agreements
By Ryan A. Hancock, Esquire On Jan. 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking indicating that it seeks to ban employers from imposing or enforcing non-compete agreements on their workers. The proposed rule would apply to all workers, including independent ...
NLRB Restores Property Access Rights to Employees of On-Site Contractors Seeking to Exercise Section 7 Rights
On Dec. 16, 2022, the National Labor Relations Board (NLRB) issued a decision announcing its return to the New York New York standard for balancing the property rights of owners against the rights of off-duty employees of contractors to engage in labor protests or other protected activities on ...
NLRB Clarifies That Workers Are Entitled to Comprehensive Make-Whole Remedy for Financial Consequences of Unfair Labor Practices
By Jordan Konell & Joseph D. Richardson In Thryv, Inc., a decision announced on December 13, 2022, the National Labor Relations Board (NLRB) stated clearly for the first time that its make-whole remedy includes “direct or foreseeable pecuniary harms resulting from” violations of federal ...
National Women’s Soccer League Players Association and Willig, Williams & Davidson Secure Free Agency Rights for Veteran Players
Nearly two dozen professional women soccer players will, for the first time, be able to negotiate as free agents, thanks to a recent decision by a neutral arbitrator resolving a dispute over free agency eligibility between the National Women’s Soccer League and the National Women’s Soccer League ...
In Significant Win for Unions, NLRB Reinstates Rule Mandating Employers Comply with Dues Checkoff Provisions After Expiration of Collective Bargaining Agreement
By Jordan Konell In Valley Hospital Medical Center, Inc., a decision announced on October 3, 2022, the National Labor Relations Board (NLRB) held that employers may not unilaterally refuse to maintain a dues checkoff provision—which requires an employer to deduct union dues from wages and ...