The Supreme Court ruled on Wednesday that a California regulation permitting labor organizations a “right to take access” to an agricultural employer’s property to solicit support for unionization violated the
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Litigation News & Updates
Notice Posting Requirements Are – and Remain – Postponed Due to the Coronavirus Pandemic
By Fox Rothschild LLP on
In an early May 2020 decision, the Board declared a temporary pause in charged parties (usually an employer) complying with the NLRB’s standard notice posting remedy in response to…
Continue Reading Notice Posting Requirements Are – and Remain – Postponed Due to the Coronavirus Pandemic
New NLRB Case Investigation Guidelines Change How Regions Will Handle Particular Evidence and Witness Testimony
By Fox Rothschild LLP on
On June 17, 2020, National Labor Relations Board General Counsel Peter Robb issued GC Memo 20-08 (“Memo”), providing Regional offices new directives for taking certain witness testimony and accepting audio/video…
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Federal Court Affirms NLRB Ruling Limiting a Union’s Right to Employer’s Financial Information
By Fox Rothschild LLP on
On April 29, 2020, the Ninth Circuit Court of Appeals affirmed a National Labor Relations Board decision where an employer was lawfully permitted to refuse a union’s request for financial…
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NLRB Rejects Clause Mandating Arbitration of All Disputes
By Andrew M. MacDonald on
The National Labor Relations Board recently invalidated an arbitration agreement that would require employees to arbitrate all “all claims or controversies” with their employer, holding that such a provision would…
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No End In Sight: The NLRB’s Joint Employer Standard
By Andrew M. MacDonald on
There is another yet another development in saga of the NLRB’s joint employer standard. This issue, which has caused consternation in the business community, concerns the Board’s standards for finding…
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The D.C. Circuit Asks the NLRB to Explain its Actions in a Burns Successor Context
By Fox Rothschild LLP on
On May 29, 2018, the D.C. Circuit asked the NLRB to explain – and justify – why it used a “clear and unmistakable waiver” standard when dealing with a Burns…
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The Ninth Circuit Gives The Green Light To Independent Contractor Ride-Sharing Collective Bargaining
By Andrew M. MacDonald on
Previously, I wrote about the “preemption” problem with the Seattle Ordinance regulating ride-sharing services like Uber and Lyft. After Seattle passed the Ordinance, the federal Ninth Circuit Court of Appeals…
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Supreme Court Allows Class Action Waivers In Arbitration
By Andrew M. MacDonald on
In Epic Systems Corp. v. Lewis, No. 16-285, 584 U.S. ____ (May 21, 2018), the United States Supreme Court upheld the enforceability of arbitration agreements between employers and employees…
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Remember, Protected Concerted Activity Can Take Many Forms…
By Fox Rothschild LLP on
On April 20, 2018, the National Labor Relations Board, by adopting an ALJ’s decision, held that employees who replied in agreement to another employee’s critical group email about the employer’s…
Continue Reading Remember, Protected Concerted Activity Can Take Many Forms…