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
Unions
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
Posted in ADA, COVID, Events, Labor, Layoffs & Furloughs, Minimum Wage, Remote Work, Unions, Wage & Hour
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
By Justen R. Barbierri & Steven W. Suflas on
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
NLRB General Counsel Opines that ‘Captive Audience’ and Other Mandatory Meetings Violate Federal Labor Law
By Brian D. Pedrow & Kyle I. Platt on
On April 7, 2022, in a move that could dramatically alter long-established employer tactics in union organizing campaigns, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum announcing that she will ask the Board to find what are commonly known as “captive audience” meetings to constitute an unfair labor practice (ULP) under the National Labor Relations Act (NLRA).… Continue Reading
Biden Administration Acts to Promote Unions
By Shannon D. Farmer, Karli Lubin & Brook Buettner on
On February 7, 2022, the Task Force on Worker Organizing and Empowerment publicly released its report to President Joe Biden, offering nearly 70 recommendations to promote pro-union policies and practices in the public and private sectors. The Task Force, chaired by Vice President Kamala Harris, embodies President Biden’s vow to be the “most pro-union President” in United States history.… Continue Reading
NLRB’s General Counsel Encourages Injunctive Relief for Anti-Union Threats
By Sibilla Grenon & Steven W. Suflas on
On February 1, 2022 National Labor Relations Board General Counsel Jennifer Abruzzo announced an initiative to seek injunctions under Section 10(j) of the National Labor Relations Act in cases “where workers have been subject to threats or other coercive conduct during an organizing campaign.” According to her memo, Abruzzo opines that, “because threats or other coercion have a well-recognized inhibitive effect on employees, there is a likelihood of immediate harm to employee organizing efforts.”… Continue Reading
NLRB Outlines Employers’ Duty to Bargain Over Implementation of OSHA ETS
By Brian D. Pedrow & Kyle I. Platt on
On November 10, 2021, the National Labor Relations Board (NLRB or Board) issued a Memorandum outlining employers’ duty to bargain with unions over the implementation of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS).
The Memo provides that employers have bargaining obligations regarding aspects of the ETS that affect terms and conditions of employment, to the extent the ETS provides employers with choices regarding implementation.… Continue Reading
NLRB General Counsel Says Certain College Athletes are Protected by Federal Labor Law
By Shannon D. Farmer, Rebecca A. Leaf & Jay A. Zweig on
In a statement that portends additional scrutiny of the “working conditions” of college and university athletes, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has publicly stated her view that scholarship athletes at academic institutions are employees who have the right to organize and to be protected from discrimination and retaliation when they act concertedly to improve their working conditions.… Continue Reading
NLRB Makes Settlement More Difficult
By Steven W. Suflas & Rebecca A. Leaf on
On September 15, 2021, the National Labor Relations Board (NLRB)’s General Counsel instructed regional offices to take a more aggressive stance in settlement negotiations in unfair labor practice cases, seeking broader remedies for workers.
In GC Memorandum 21-07, which builds upon GC Memorandum 21-06 issued last week, new NLRB General Counsel Jennifer Abruzzo encouraged regional offices to be creative in the remedies sought in settlement, reasoning that they may be able to obtain more for workers during settlement than in litigation before the Board.… Continue Reading