Labor

Expert Analysis

• 3rd Circ. Ruling Shows Limits Of Regulating Employer Speech

  

  It is clear that the current National Labor Relations Board wants to regulate employer speech more strictly in the context of union organizing campaigns, but the courts may not be ready to allow that expansion, as demonstrated by the Third Circuit's recent First Amendment decision in FDRLST Media v. NLRB, says Daniel Johns at Cozen O'Connor.

• Memo Shows NLRB's Pro-Union Property Access Agenda

  

  A recent memo from the National Labor Relations Board's Division of Advice recommended overturning two 2019 decisions that limited union access to public worksites, which could give unions an important advantage in the current wave of retail and health care organizing, say Alek Felstiner and Natalie Grieco at Levy Ratner.

• Combating Micro-Units In The Age Of A Pro-Union NLRB

  

  As the increasingly activist, pro-union National Labor Relations Board is poised to revive an Obama-era standard allowing small groups of employees to form bargaining units, employers must adopt proactive strategies to avoid a workplace fractured by micro-units, says James Redeker at Duane Morris.

• The Prospect Of NLRB Shift On Employers' Anti-Union Speech

  

  National Labor Relations Board General Counsel Jennifer Abruzzo recently urged the board to restrict captive-audience meetings that allow employers to attempt to dissuade employees from unionizing, so employers may want to prepare for that potential enforcement shift and proactively revisit their meeting and communication practices and policies, say attorneys at Nixon Peabody.

• Growth Of Cannabis Industry Raises Labor Law Questions

  

  As more states legalize cannabis cultivation, manufacture and use — which remains illegal federally — there may be a wave of new workers in the industry, and businesses will need to consider what law will govern the employer-employee relationship and what role unions will play, say Gabriel Jiran and Sarah Westby at Shipman & Goodwin.

• 5 Tips For Employers Regulating Employee Speech Online

  

  A series of recent cases illustrates the challenges businesses face when employees post potentially controversial or offensive content on social media, but a few practical questions can help employers decide whether to take action in response to workers’ online speech, says Aaron Holt at Cozen O'Connor.

• Mitigating Labor Antitrust Risks As Enforcement Ramps Up

  

  The U.S. Department of Justice's Antitrust Division and the Federal Trade Commission are prioritizing antitrust enforcement in the labor markets with a multipronged enforcement approach, so companies should take three steps to evaluate and mitigate risk from both government enforcement and private litigation, say attorneys at Paul Hastings.

• Cos. Should Heed NLRB GC's Immigrant Protection Focus

  

  With National Labor Relations Board general counsel Jennifer Abruzzo making immigrant worker rights a top priority, the board is doing more to educate immigrants about their rights and cracking down on employer violations, so companies should beware increased risk of expensive and time-consuming compliance proceedings, says Henry Morris Jr. at ArentFox Schiff.

• NY Bill Would Alter Labor Relations In Fashion Industry

  

  A bill pending in the New York Legislature would significantly expand labor protections for workers in the modeling, fashion and entertainment industries, so entities that fall within the act’s scope should assess their hiring and engagement processes, payment practices and other policies now, say Ian Carleton Schaefer and Lauren Richards at Loeb & Loeb.

• How The NLRB Is Pushing For Expanded Remedies

  

  The National Labor Relations Board's general counsel is pushing for an expanded assortment of ways to remediate labor law violations, as evident in a recent case involving Dearborn Speech and Sensory Center, with practical effects on employers defending unfair labor practice charges in front of the NLRB's regional offices, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

• Employees' Input On ESG May Reduce Risks Of Unionization

  

  As workers increasingly organize at companies across the U.S., employers should conduct qualitative reviews of environmental, social and governance factors — grounded in addressing the concerns of employees who actually feel the effects of ESG metrics — to repair communication breakdowns and avoid expensive, damaging union campaigns, says Phileda Tennant at V&E.

• Why NLRB Is Unlikely To Succeed In Misclassification Case

  

  A recent National Labor Relations Board complaint would make the act of misclassifying workers as independent contractors a labor law violation, and while companies shouldn't expect this to succeed, they may want to take certain steps to better protect themselves from this type of initiative, say Richard Reibstein and Janet Barsky at Locke Lord.

• Calif. College Athlete Pay Bill May Lead To Employment Issues

  

  While California’s College Athlete Race and Gender Equity Act may have a difficult time passing, it could open the door for an argument that players at academic institutions should be deemed employees, and schools must examine and prepare for the potential challenges that could be triggered by compensating college athletes, say attorneys at Morgan Lewis.