In a decision released in November involving Amazon and its response to union organizing efforts, a majority of the members of the National Labor Relations Board (NLRB) overturned a 76 year-old NLRB decision and held that so-called employer “captive ...
[Read more] about NLRB and New California Law Restrict Important Employer Tool in Responding to Union Organizing
Labor Relations
PAGA Exemption for Unionized Construction Industry Employers Extended to 2038
Background
The Private Attorneys General Act of 2004 generally enables California employees to sue their employers on behalf of themselves and other “aggrieved employees” to recover civil penalties for Labor Code violations. In 2018, legislation ...
[Read more] about PAGA Exemption for Unionized Construction Industry Employers Extended to 2038
The NLRA’s Not-So-Final Joint Employer Rule
This month the National Labor Relations Board (the “NLRB” or the “Board”) issued a proposal to broaden the standard for determining joint employer status under the National Labor Relations Act (“NLRA”), thereby replacing the current “final joint ...
[Read more] about The NLRA’s Not-So-Final Joint Employer Rule
Employers May Search Employee Personal Property on Company Premises
In a recent turn of events, the National Labor Relations Board (the “Board”) overturned a prior ruling and upheld an employer’s policy preserving the right to monitor employee use of company devices and reserve the right to search personal property, ...
[Read more] about Employers May Search Employee Personal Property on Company Premises
Labor Implications for Mid-Size Employers Taking CARES Act Loans
Much has been written about the benefits available to employees of employers with fewer than 500 employees under the Coronavirus Aid Relief and Economic Security (“CARES”) Act, including enhanced unemployment, paid sick leave and paid family medical ...
[Read more] about Labor Implications for Mid-Size Employers Taking CARES Act Loans
NLRB Proposes to Overhaul Union Election Procedures
The National Labor Relations Board recently issued the first of its planned regulations overhauling parts of its union election procedures. These updates arguably make it easier for workers to remove a labor union representing a bargaining unit. ...
[Read more] about NLRB Proposes to Overhaul Union Election Procedures
Have Project Labor Agreements Been Taken Too Far?
For more than a century the interplay between labor and antitrust law has been a difficult one. Congress has attempted to strike a balance between protection of worker rights and prohibitions of anticompetitive activities.
Environmental laws, such ...
[Read more] about Have Project Labor Agreements Been Taken Too Far?
Non-Union Companies Can Incur Union Pension Fund Withdrawal Liability
In recent years, much has been reported about public sector pension systems and their severe levels of underfunding. Many such plans have less than 70% of the funds necessary to provide the pensions promised to state and local employees. The latest ...
[Read more] about Non-Union Companies Can Incur Union Pension Fund Withdrawal Liability
