Labor Law

The NLRB Restricts Employer Rights Again: Finding Typical Separation Agreement Terms Unlawful and Protecting Employees Who Make Secret Recordings

The National Labor Relations Board (the “NLRB” or the “Board”) recently issued two important decisions, one finding unlawful non-disparagement and confidentiality provisions typically found in separation agreements, and the other protecting employees who make secret recordings at work.  These decisions continue a trend by the...

28 February, 2023

NLRB ROLLS BACK TRUMP-ERA DRESS CODE STANDARD: NEUTRAL DRESS POLICIES NOW PRESUMPTIVELY UNLAWFUL

In its August 29, 2022, Tesla, Inc. decision, the National Labor Relations Board (“Board”) held that Tesla’s employee dress code violated Section 7 of the National Labor Relations Act (“NLRA”).  Under Section 7, employees have a right to communicate with one another about union organizing. ...

13 October, 2022

MANDATORY ARBITRATION BANNED FOR SEX ASSAULT AND HARASSMENT CASES

On March 3, 2022, President Biden signed the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” into law.  The Act amends the Federal Arbitration Act by banning mandatory arbitration in sexual assault and sexual harassment cases, as well as those claiming...

31 March, 2022

UNITED STATES COURT OF APPEALS AFFIRMS FEDERAL LABOR POLICY FAVORING BROAD PREEMPTION OF STATE LAW CLAIMS

In the legal world, ignorance does not usually equal bliss.  In fact, what you do not know oftentimes ends up hurting you.  As a practical example, when an employer’s workforce unionizes, the employer must make sure it fully understands the terms of any resulting agreement...

04 August, 2021

Changes in Labor Law Under President Biden

The labor law pendulum is swinging back to the left.  This article provides an overview of recent and probable future changes to federal labor law under the Biden administration. Executive Orders President Biden is expected to use Executive Orders to further the aims of labor unions –...

31 March, 2021

Changes in Labor Law Under President Biden

MASUD LABOR LAW GROUP By: Kraig M. Schutter The labor law pendulum is swinging back to the left. This article provides an overview of recent and probable future changes to federal labor law under the Biden administration.  Executive Orders  President Biden is expected to use Executive Orders to further...

30 March, 2021

Trump NLRB Targets Obama-Era Precedent

MASUD LABOR LAW GROUP By: Brian Boyd By no means is following the developments of the National Labor Relations Board (the Board) a spectator sport.  However, recent developments on the Board just might change that.  While the political makeup of the Board will generally dictate Board policy at a...

10 October, 2019

NATIONAL LABOR RELATIONS BOARD NARROWS “PERFECTLY CLEAR SUCCESSOR” EXCEPTION IN DECISION THAT SHOULD BENEFIT COMPANIES ACQUIRING A UNIONIZED BUSINESS

In a recent decision, the National Labor Relations Board (the “Board”) narrowed the circumstances under which a business that acquires a unionized company must bargain with the union prior to setting the initial terms of employment.  The decision, Ridgewood Health Care Center, Inc., 367 NLRB 110 (2019),...

10 October, 2019

THE NLRB: Do as We Say – Not as We Do!

We previously reported on the National Labor Relations Board’s (NLRB) completely outrageous and unreasonable attacks on commonplace work rules and, in truth, best human resource practices.  A recent case has shed light on just how truly absurd the NRLB’s rulings are and, further, leave the NLRB...

10 October, 2019

MICHIGAN SUPREME COURT FINDS STATE WORKERS COVERED BY “RIGHT TO WORK” LAW

In December 2012, Governor Snyder signed legislation making Michigan the 24th state to implement Right to Work legislation.  The law became effective on March 28, 2013.  Collective bargaining agreements in effect prior to March 28, 2013 were exempt from the right to work legislation until the contracts...

10 October, 2019