Labor

Expert Analysis

• What High Court Union Access Ruling Means For Employers

  

  In Cedar Point Nursery v. Hassid, the U.S. Supreme Court recently overturned a California law that required growers to grant union organizers access to their property, offering a new avenue of attack against such union invasions of an employer’s property, including those protected by other California statutes, say Keahn Morris and Mark Ross at Sheppard Mullin.

• How Proposed Ill. Amendment Would Change Union Rights

  

  This fall, Illinois voters will decide on a proposed collective bargaining amendment to the state constitution, which if enacted would significantly expand both public and private sector bargaining rights, raising questions about federal preemption, union security and more, say Jennifer Jones and Tanja Thompson at Littler. 

• PRO Act Could Chill Attorney-Client Interactions

  

  The proposed Protecting the Right to Organize Act threatens to discourage employers from seeking legal counsel by requiring them and their advisers to file public reports with the U.S. Department of Labor about even indirect contact with employees regarding union organizing or collective bargaining, say Shari Klevens and Sarah Phillips at Dentons.

• DC Circ. Ruling Illustrates Bounds Of NLRB Authority

  

  The D.C. Circuit’s recent remand of a National Labor Relations Board business restoration order in RAV Truck v. NLRB exemplifies limitations to the board’s remedial authority, while the court’s finding that adverse employment decisions violated federal labor law highlights what companies shouldn't do when union activity occurs, say Terry Potter and Tracey O'Brien at Husch Blackwell.

• What CDC's New Mask Guidance Means For Employers

  

  Following the Centers for Disease Control and Prevention’s recent assertion that people vaccinated for COVID-19 no longer need to wear masks, employers contemplating relaxed workplace policies should consider state and local rules, what percentage of their workforce is vaccinated, and factors unique to their physical setup, says Scott Allen at Foley & Lardner.

• Justices Should Focus On Property Rights In Union Case

  

  Questions from U.S. Supreme Court justices in the recent Cedar Point Nursery v. Hassid oral argument indicate that the court may be missing the real issue, and corresponding remedy, in the union access case — the constitutionality of uncompensated property taking, says Michael Berger at Manatt.

• 3 Decisions A Biden NLRB Will Likely Overturn

  

  When the National Labor Relations Board transitions to a Democratic majority under President Joe Biden, there will be strong opportunities to overturn pro-employer decisions concerning management rights, employee micro-units and the review standard for workplace policies, says Daniel Johns at Cozen O'Connor.

• NLRB Memo Signals Expansion Of Workers' Protected Activity

  

  Following the National Labor Relations Board’s recent memo on protected, concerted activity, employers can likely expect the general counsel’s office to push the boundaries of employee safeguards, including protections for certain social justice actions that would not normally be deemed related to working conditions, say Ashley Cano and John Phillips at Seyfarth.

• NYC Fast Food Worker Protections May Portend 'At Will' Shift

  

  Two new laws in New York City that eliminate fast food employers' discretion to discharge employees at will signify fundamental changes to the bedrock of U.S. employment law, and could foreshadow additional state and local restrictions on workforce management, say Harris Mufson and Julia Hollreiser at Proskauer.

• Title IX Compliance Hasn't Changed — Yet

  

  Despite perceptions of the dismantling of Trump-era Title IX policy, President Joe Biden's recent executive order on the topic does not actually change the regulation and sheds very little light on exactly how the administration intends to alter the rules to fit its agenda, say Lauren Tompkins and Sarah Moore at Fisher Phillips.

• The Senate's Filibuster Rules Are Unconstitutional

  

  The U.S. Senate filibuster rules are inconsistent with several provisions of the Constitution, and even if lawmakers decline to abolish the political tactic and no plaintiff can be found to bring its constitutional flaws before the courts, the Senate has at least three options to reduce filibuster use, says Kirk Jenkins at Arnold & Porter.

• Labor And Employment Changes Ahead For Gov't Contractors

  

  President Joe Biden's pro-employee promises, such as a $15 per hour minimum wage and support for union organizing, may be difficult to achieve legislatively, so he will likely impose policy changes on federal contractors using his powers under the Federal Property and Administrative Services Act, says Michael Schrier at Husch Blackwell.

• High Court Union Case Could Impede Basic Access Rights

  

  The little-noticed case of Cedar Point Nursery v. Hassid, to be argued before the U.S. Supreme Court Monday, challenges seemingly settled California law regulating labor organizers' right of access and threatens laws covering everything from fair housing to rent regulation to public accommodations, say Scott Cummings at UCLA and Nestor Davidson at Fordham University.