Labor Law - General

In an era when the National Labor Relations Board seldom finds actions by employers to be reasonable, that agency recently issued two decisions finding that a unilateral change in employee benefits provided under a collective bargaining agreement was consistent with the agreement and therefore lawfu

A recent move by the National Labor Relations Board threatens the right-to-work laws in 25 states, witnesses testified during a hearing conducted by the House Committee on Education and the Workforce. At the June 3 hearing, lawmakers and panelists debated the merits of right-to-work laws, and whethe

Executive Summary: A federal court in the District of Columbia has upheld the validity of the Department of Labor's (DOL) rule requiring covered federal contractors to post a notice informing employees of their rights under the National Labor Relations Act (NLRA). In National Ass'n of Manufacturers

Executive Summary: On April 10, 2015, Emory University School of Law and the Emory Law Journal presented a symposium, sponsored by FordHarrison, focused on the National Labor Relations Board (NLRB) and its recent decisions and actions. The event was held to coincide with the 80th anniversary of the

On March 24, the National Labor Relation Board’s Chairman Mark Pearce and General Counsel Richard Griffin, Jr. came under fire from a sharply divided group of House members during a budget subcommittee hearing. Members pressed Griffin and Pearce on the recent string of NLRB policies that will have a

NLRB General Counsel Richard Griffin issued yesterday a Report Concerning Employer Rules, in a stated effort to provide guidance on the intersection of employer rules and the National Labor Relations Act (NLRA). The Report includes conclusions about common handbook policies that employers – both non

Less than two months after the National Labor Relations Board's Office of the General Counsel filed a series of unfair labor practice complaints against McDonald's USA LLC as a joint employer with several of its franchises, the office has issued six new complaints involving 23 charges against the fr

Labor unions in the U.S. represent barely one of every fourteen employees in the private sector. This abysmal number is representative of a steady, decades-long, downward trend in union membership. But as industry has grown by focusing on global initiatives, unions too have turned to their internati

In M&G Polymers USA, LLC v. Tackett, 1 the U.S. Supreme Court overturned three decades of precedent by the U.S. Court of Appeals for the Sixth Circuit, unanimously ruling that, when no specific provision in a collective-bargaining agreement (CBA) addresses the duration of retiree benefits, reviewing

In a recent decision involving the interplay between California law and federal labor law, the U.S. Court of Appeals for the Ninth Circuit ruled that state trespass and nuisance laws are not preempted by the federal secondary boycott law. Thus, the owner of a California mall will be permitted to sue

In a significant recent decision, the National Labor Relations Board (NLRB or Board) again abandoned long-standing, accepted Board precedent. In Babcock & Wilcox Construction Co., 361 NLRB No. 132 (Dec. 15, 2014), the Board changed its standard for deferral to arbitration awards, grievance/arbitrati

The National Labor Relations Board’s decision in HTH Corporation, 361 NLRB No. 65 (2014), re-affirms the Board’s intent to impose aggressive, unprecedented remedies. In this case, the Board openly signaled that it has not yet reached the outer limits of its authority, and is prepared to go even furt

Executive Summary: As the holiday season approaches, non-employee protestors, labor organizers or otherwise, often target retailers in an effort to maximize the reach of their message due to the high foot traffic experienced at retail locations. Repeated and consistent efforts by these non-employee

Whether an individual is classified as an independent contractor or an employee has significant legal implications, because most federal and state employment laws do not apply to independent contractors. Independent contractors often afford companies greater flexibility with their workforce, adminis

Speaking at a West Virginia University College of Law event last week, National Labor Relations Board General Counsel Richard F. Griffin, Jr. pointed out the pitfalls in his office's argument that franchisors should be named in unfair labor practice charge complaints as joint employers with their fr

Employers at fast food chains around the nation should brace themselves for a series of protests and acts of civil disobedience that will occur this Thursday, September 4. The strikes, organized by members of the "Fight for 15" movement, are part of the nationwide crusade to raise the minimum wage.

The National Labor Relations Board (NLRB) has created a buzz within the franchise community by announcing that McDonald's may be responsible as a "joint employer" for alleged unfair labor practices of some of its franchisees. Employees of franchisees have filed more than 180 unfair labor practice ch

Executive Summary: Over the last two years fast-food workers have engaged in walkouts and other activities protesting their wages and seeking an increase to $15/hr. Numerous unfair labor practice charges have been filed with the National Labor Relations Board (NLRB) against restaurant franchisors an

In a move that could have a dramatic impact on numerous businesses across the country, National Labor Relations Board General Counsel Richard Griffin announced on July 29, 2014, that his office intends to name a parent franchisor as a respondent in cases involving alleged unfair labor practices comm

Executive Summary: In a decision that could have a significant financial impact on many labor unions, the U.S. Supreme Court has held that personal care providers, who are considered state employees only for limited collective bargaining purposes under Illinois law, cannot be required to pay agency