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NLRB’s General Counsel Issues Memo on Employee Status of Certain College Players

The General Counsel of the National Labor Relations Board (NLRB) issued a Guidance Memorandum last week establishing her position that certain players at academic institutions are employees as defined...

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Appeals Court Finds Union Can Be Liable Under RICO Statute

In an important decision for employers and unions alike, the Third Circuit Court of Appeals, the federal appeals court with jurisdiction over Pennsylvania, New Jersey, Delaware, and the U.S. Virgin...

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NLRB Issues Proposed Rule for Determining Joint-Employer Status

Whether two entities are “joint employers” is an important question under the National Labor Relations Act.  Consider Company A, which contracts with Company B, a staffing company, to provide...

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Tesla Violates Federal Labor Law with “Work Shirts” Rule

The National Labor Relations Board has held that Telsa must allow employees to wear shirts with a union insignia while on the job.  The decision is certainly a learning opportunity for employers and a...

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NLRB Holds Employers Must Continue Dues Checkoff After Expiration of...

In Valley Hospital Medical Center, 371 NLRB No. 160 (Sept. 30, 2022) (Valley Hospital II), a divided National Labor Relations Board held that employers must continue to deduct union dues from...

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When Assessing the Propriety of Employee Discipline, One Size No Longer Fits All

Now more than ever, it seems that employees are willing to express themselves.  While open communication with and among employees is usually a good thing, sometimes an employer’s rules are broken in...

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The Supreme Court Sides with Employers on the Right to Sue Unions

On June 1, 2023, the United States Supreme Court held that a company could sue a union over intentional damage caused during a labor dispute. In Glacier Northwest v. International Brotherhood of...

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NLRB Grants Labor Unions Superpowers in Organizing. Is it Game over for...

The National Labor Relations Board issued a groundbreaking decision in Cemex Construction Materials Pacific, LLC that will likely leave employers reeling.  The Board cast aside over 50 years of...

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Just When You Thought You Were All Zippered Up . . .The NLRB Issues a New...

If you are gearing up for union negotiations in 2024, do not miss the opportunity to review current and past practices that may not have been incorporated into expiring collective bargaining...

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Janus Holding Does Not Relieve Public Sector Employees of Contractual...

Way back in 2018, we wrote about the Supreme Court of the United States’ decision in Janus, which held that compelling public sector employees to pay “fair share fees” to unions violates the First...

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