Insights

In the period after a labor union is newly-certified or first recognized by the employer and before a disciplinary procedure has been negotiated and set forth in a collective bargaining agreement, the employer now will be...

A United States District Court Judge in Lubbock, Texas has issued an Order against the United States Department of Labor (“DOL”) enjoining on a nationwide basis the DOL’s Persuader Advice Exemption Rule (“Persuader...

In another decision which will assist union efforts to organize employees, the National Labor Relations Board has radically liberalized its test for determining joint-employer status. Browning-Ferris Industries of California,...

In one decision and one rule, the National Labor Relations Board issued two major changes that will greatly impact employers. The first, Purple Communications, 361 NLRB No. 126 (2014), reverses the Board’s prior ruling...

The D.C. Circuit Court of Appeals, in National Association of Manufacturers v. NLRB (No. 12-5068), has vacated the National Labor Relations Board’s (“NLRB”) rule requiring covered employers to conspicuously display a...

In a much anticipated decision in 2007, the National Labor Relations Board (the “Board”) ruled that an employer may lawfully prohibit its employees’ use of company e-mail to solicit support for outside businesses and...

Debate over the proposed Employee Free Choice Act (“EFCA”) continues behind-the-scenes in the U.S. Senate. This controversial measure, a high priority of organized labor, would change the National Labor Relations Act...

Strictly speaking, the Employee Free Choice Act of 2007 is not yet back before the United States Congress. However, if the Democrats prevail in November’s Presidential election, we can expect to see Big Labor and its...

On June 19, 2008, the United States Supreme Court ruled that a California “labor neutrality” statute was preempted by federal labor law, overturning a 2006 decision by the U.S. Court of Appeals for the Ninth Circuit....

In Luke v. Collotype Labels USA, Inc., 159 Cal. App. 4th 1463 (2008), the California Court of Appeal found that a terminated employee’s claim for wrongful termination in violation of public policy was properly dismissed...