By: Andrew L. Oringer
I have been asked to write about issues facing US lawyers in the area of ERISA (the Employee Retirement Income Security Act 1974) and executive compensation (for convenience, I’ll consider the executive compensation practice to be
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Can You Terminate An Employee For Facebook Posts Criticizing Your Company?
By: David J. Pryzbylski
Disciplining an employee for social media posts criticizing a company can be a tricky area to navigate from a legal standpoint. The National Labor Relations Board (NLRB) has been aggressive in terms of ordering the reinstatement of workers…
D.C. Circuit Weighs In On NLRB Test For Adjunct Faculty Unionization
By Paul Salvatore, Steven Porzio, David Bayer and Laura Franks
Colleges and universities should take note of the Court of Appeals for the D.C. Circuit’s recent decision in University of Southern California v. National Labor Relations Board, Case No. 17-1149 (D.C. Cir.…
Department of Labor Proposes First Update to Overtime Rules Since 2004
National Labor Relations Board Sets New Standards For Beck Objectors
On March 1,, 2019, in United Nurses & Allied Professionals (Kent Hospital), the National Labor Relations Board set a new standard for non-member objectors often referred to as “Beck Objectors.”[1] The Board held that unions can no…
General Counsel Recommends Overturning Kroger
On February 22, 2019, the NLRB General Counsel issued a memo recommending that the Board overturn Kroger and require unions to apprise employees of their savings in their initial Beck notice.[1]
In Communications Workers of America v. Beck, the…
National Labor Relations Board Returns to Longstanding Independent Contractor Standard
Article By:
Mark A. Carter
Jacqueline N. Rau
On January 25, 2019, the National Labor Relations Board (Board) returned to the common-law agency test for determining whether workers qualified as independent contractors. SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019) The…
Why Must a Union Represent Workers for Free? The First Amendment May Relieve Unions of This Burden
Avi Yankelewitz – Fordham University School of Law
In the wake of the Supreme Court decision in Janus v. AFSCME, unions must represent all workers in the bargaining unit, even those who do not pay dues. This paper discusses the…
Oregon Proposes a Workaround to Janus
In the wake of the Supreme Court ruling in Janus v. AFSCME, unions and their supporters in the legislature have sought a way around the decision. Rep. Paul Holvey of Oregon has introduced House Bill 2643,[1] which aims…
A Response to the Janus Post
Update: An email response from Maxford Nelsen Director of Labor Policy | Freedom Foundation
“First, it’s still a bit too early to conclude that public-sector union membership has not declined in the wake of the Janus decision. In many cases, the data…