Articles and Blogs

On June 13, 2024, the Supreme Court published its opinion in Starbucks v. McKinney. The Supreme Court held that the National Labor Relations Board (“NLRB” or “Board”) must satisfy the traditional, four-factor test for injunctions. In short, the decision makes it more difficult for the NLRB to successfully claim injunctive relief while adjudicating alleged... READ MORE

On October 27, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its final rule revising the standard for determining whether two employers are considered joint employers under the National Labor Relations Act (“NLRA”) (“Final Rule”). The Final Rule goes into effect on February 26, 2024. It will apply to cases filed... READ MORE

As fall begins in many parts of the country and cooler temperatures move in, so do a range of new employment laws and proposed regulations. Some of these changes include a new employer work rules standard recently adopted by the National Labor Relations Board (“NLRB”), a long‑awaited guidance update on workplace harassment from the... READ MORE

Although there is no bright-line answer to which electronic monitoring and automated management practices will result in unfair labor practice charges, National Labor Relations Board (“NLRB” or “Board”) General Counsel (“GC”) Jennifer Abruzzo has made clear that the NLRB will scrutinize such practices to ensure that they do not interfere with employees’ rights to... READ MORE

We know the major personnel issues challenging our friends in the health care industry: labor shortages; competitive wages; and rising costs. But what employment and labor legal issues do (or may) health care organizations face in coming months? Accommodation Requests as Remote Work Demands Continue. Throughout the last two-plus years, telework became the new... READ MORE

It turns out that the mail-in voting debate extends beyond the 2020 presidential election. In particular, and as you may recall based on our previous post, union elections around the nation have been ripe for controversy in the mail-in voting discussion during the COVID-19 pandemic. The National Labor Relations Board (“NLRB” or the “Board”)... READ MORE

In the past few weeks, the National Labor Relations Board (“Board”) has issued several crucial decisions impacting union elections in the health care setting. At the close of April 2020, the Board declined to find that COVID-19 justified the stay of a union election at an acute care hospital. In its Order denying the... READ MORE

On February 26, 2020, the National Labor Relations Board issued its final rule establishing the standard for determining whether two employers are joint employers under the Act (“New Rule”). History of Joint Employer Standard As explained by the NLRB, a joint employer finding has significant implications for rights and obligations under the NLRA relative... READ MORE

We previously wrote about the “quickie” election rules here. On December 13, 2019, the NLRB released new election rules that significantly dialed back several previous amendments. Under the quickie election rules, or “Old Rules,” the median number of days from petition to election had decreased by a total of approximately 15 days.[1] Union Election... READ MORE

On May 14, the National Labor Relation’s Board (“Board”) Advice Division released an advice memorandum recommending that the Board reconsider three picketing cases decided during President Obama’s administration. The memo provides insight regarding how the General Counsel’s Office, and the Board, may interpret picketing activity in the near future. This advice could affect health... READ MORE