Reversing decades of precedent, the National Labor Relations Board (“Board”) issued two recent decisions that will significantly restrict the right of employers to provide information to their employees about the impact of unionization. Both cases were decided by a 3-1 majority of the Board’s Democratic members, in what appears to be an eleventh-hour push to change well-settled law in advance of the Trump administration taking the reins next year.… Continue Reading
Unions
Texas Court Strikes Down NLRB Joint Employer Rule
On March 8, 2024, a Texas federal district court vacated the National Labor Relations Board (“NLRB” or “the Board”) 2023 joint employer rule (“2023 Rule), and restored the 2020 joint employer rule (“2020 Rule”).
As we previously reported, the NLRB proposed the 2023 Rule for determining joint employer status under the National Labor Relations Act (“NLRA”).… Continue Reading
The NLRB Delays Effective Date of New Joint Employer Test after Challenge By Business Groups
On November 9, 2023, a coalition of business advocacy groups led by the US Chamber of Commerce filed a lawsuit in the US District Court for the Eastern District of Texas challenging the National Labor Relations Board (“NLRB”) new final rule for determining joint employer status under the National Labor Relations Act (“NLRA”).… Continue Reading
NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition
On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new, union-friendly framework for determining when employers are required to recognize and bargain with unions without a representation election. … Continue Reading
SVB Fall Out – Beware of Employment Law Risks
Companies impacted by the Silicon Valley Bank (SVB) failure may be concerned about their ability to meet immediate payroll obligations as they await funds from government regulators. Despite regulatory assurances that funds will be available in the near-term, employers with funds in SVB may remain concerned about their ability to meet ongoing obligations. … Continue Reading
NLRB Establishes New Restrictions on Severance Agreements
The National Labor Relations Board (NLRB) has ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act when the employer uses employee severance agreements with provisions restricting employees’ exercise of their NLRA rights. In McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023), the Board reversed its prior decisions in Baylor University Medical Center, 369 NLRB No.… Continue Reading
Board Limits Ability to Prohibit Labor Protests
For the second time in less than a week, the National Labor Relations Board has thrown out a Trump-era standard and reinstated Obama-era rules favorable to labor unions. In Bexar County Performing Arts Center Foundation, 16-CA-193636 (“Bexar County II“), the Board restricted a business owner’s ability to prohibit off-duty contract workers from conducting labor protests on its property.… Continue Reading
Back to School – Remembering the 4 R’s: RIFs, Remote Work, Requests for Accommodations, and Recruitment in Uncertain Times, Part Two
Part two of our “Back to School” webinar series will take a look at looming issues for employers as they face an uncertain economic forecast while still dealing with novel challenges created by the COVID-19 pandemic. Despite unemployment rates remaining steady, a changing economy has many employers anticipating the need to reduce their workforce and re-thinking workforce management.… Continue Reading
Webinar Recording: Back to School – Remembering the 4 R’s: RIFs, Restructuring, Requests for Accommodations, and Recruitment in Uncertain Times
As COVID lingers and the economy remains uncertain, employers face a host of issues. Recently, a group of Ballard Spahr attorneys hosted part one of a two part webinar series to revisit the basics, as well as novel issues, related to aligning your workforce to your business needs. Many businesses do not have enough workers and are focused on attracting and retaining necessary talent, while others, due to rising costs and stubborn supply chain problems, must consider layoffs and reductions in force.… Continue Reading
New Jersey Now Protects Health Care Workers After Sales, Mergers and Other Control Changes
On August 18, New Jersey Governor Phil Murphy signed into law S315 (22R), which aims to protect employment and wages and benefits during changes in control at health care facilities. When a change in control occurs, the former and “successor” health care employers will now both have new, and very significant, legal obligations.… Continue Reading