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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Andrew M. MacDonald
NLRB Follows Precedent Allowing Union Insignia At Work, But Did It Signal A Change?
By Andrew M. MacDonald on
Though it may come as a surprise to some employers, the NLRB generally recognizes the right of employees to wear union insignia (pins with union logos, etc.) while at work. …
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Union Without An Election Victory? Yes, Sometimes
By Andrew M. MacDonald on
Normally, a union must obtain a majority of votes cast by employees in an election to be certified as the employees’ bargaining representative. However, if the employer has engaged in…
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The NLRB Returns to BFI
By Andrew M. MacDonald on
By a brief Order announced on February 26, 2018, the NLRB overturned its precedent on joint employer for the second time in a span of almost two months. Specifically, the…
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Columbia University: Employee or Not Employee – That is the Question?
By Andrew M. MacDonald on
Graduate students at most private universities have been allowed to unionize since the 2016 decision of the NLRB in Columbia University. This decision was controversial because the employee status…
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Farewell to Micro-Units
By Andrew M. MacDonald on
In PCC Structurals, Inc., the NLRB overruled its 2011 Specialty Healthcare decision, which allowed for unions to organize employees in so-called “micro-units.” Now, the Board has returned to its…
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One Response to Union Organizing – Shut Down Completely
By Andrew M. MacDonald on
Recently, a majority of employees at the news websites DNAinfo and Gothamist decided to join the Writer’s Guild union to bargain collectively over their terms of employment. In response, the…
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The Potential Preemption Problem With Ride-Sharing Driver Unionization
By Andrew M. MacDonald on
With campaigns ongoing across the country aimed at raising the minimum wage at a state and local level, one might wonder, why not apply the same pressure on local governments…
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NLRB Rules That Workplace Recording Prohibitions Are Unlawful
By Andrew M. MacDonald on
Now that most, if not all, employees have smartphones with cameras in their pockets at all times, some employers have prohibited recording in the workplace. However, recent decisions by the…
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The D.C. Circuit Issues an Ultimately Uneventful Decision on Joint Employer
By Andrew M. MacDonald on
The issue of joint employer has been frequently discussed in the labor & employment law circles, and even the media, since the National Labor Relations Board (“NLRB” or “the…
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