For nearly three years now, the eyes of legal scholars, attorneys and employers alike have been on the United States Circuit Court of Appeals for the Ninth Circuit (Ninth Circuit), awaiting its decision on an appeal of the National Labor Relations Board’s (NLRB) decision in Cemex Construction Materials Pacific LLC (Cemex Decision). The Ninth Circuit has finally issued its decision – and completely sidestepped the issue which everyone was waiting to be addressed.
Register Now | Responding to Policy Shifts Under the Trump Administration
As we navigate a new year and a new administration, we are all grappling with an unprecedented wave of executive orders and memoranda from the Trump administration that are reshaping the workplace.
From dramatic shake-ups in the EEOC and NLRB to increased scrutiny of DEI practices, employers are facing yet another season of uncertainty.
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Big Changes Are Coming to the NLRB with President Trump’s Second Term
The National Labor Relations Board (NLRB) is poised for a major shift following recent changes under the Trump administration. With two open seats on the board, President Trump is expected to appoint Republican members, reshaping the NLRB’s political landscape and reversing key Biden-era labor policies.
Continue Reading Big Changes Are Coming to the NLRB with President Trump’s Second TermNLRB Releases Two Major Decisions Less Than a Week Apart
The National Labor Relations Board (NLRB or Board) recently issued two rulings that caused a seismic shift in what is permissible employer conduct during a union organizational campaign. While there is uncertainty about the longevity of these rulings with an incoming change in administration, employers are required to comply with the new precedents for the time being.
Continue Reading NLRB Releases Two Major Decisions Less Than a Week ApartHealthcare Mergers Involving Unionized Workforces
I recently provided insight for a Modern Healthcare article about health system M&A transactions and how these companies navigate merging with unionized workplaces. The article references various regulatory hurdles a company may endure when acquiring or merging with a unionized workforce that may be a deterrent in a potential transaction. However, some argue there are opportunities in this situation.
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Government Contracts Labor & Employment Developments – Part 1
While we are still in the first half of 2022, it has already been a busy year in terms of labor and employment developments for government contractors. For any companies doing work for the federal government, whether as prime contractors or as subcontractors, it can be challenging to keep up with the perpetually changing requirements, particularly when the changes occur this quickly.
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Union Labor or Bust! Project Labor Agreements Now Required for Large Federal Construction Projects
On February 4, President Biden signed the Executive Order on Use of Project Labor Agreements for Federal Construction Projects, which mandates, with limited exceptions, that contractors and subcontractors working on federal construction projects valued at $35 million or more agree that for that project, the companies will “become a party to a project labor
Employers Beware – Union Neutrality Requirements in New Stimulus Package
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the new stimulus package recently passed by Congress, includes a “union neutrality” mandate for mid-sized employers who accept loan proceeds. This union neutrality commitment would be in place for the life of the loan. Mid-sized employers are defined as those with 500 to 10,000 employees.
For many years, to assist their organizing efforts, unions have demanded of certain multi-state employers that they commit to “stay neutral” in union organizing campaigns at other company sites. Such neutrality demands have included asking the employer not to express opinions which disfavor the union’s organizing efforts, or not to hold captive audience speeches during the union’s organizing drive, or to accept a showing of majority status by way of checking authorization cards (i.e., that the employer not demand a secret-ballot election to determine if the union has majority support).Continue Reading Employers Beware – Union Neutrality Requirements in New Stimulus Package
Federal Judge Issues Final Ruling Striking Down Overtime Rule
Texas Federal Judge Amos Mazzant has issued a final ruling striking down the overtime rule. In the August 31 ruling, Judge Mazzant used essentially the same reasoning on which he based his temporary injunction ruling. In light of this final decision, the appeal of his temporary injunction likely becomes moot. In addition, Judge Mazzant made clear that he is not finding that the DOL is prevented from ever using a particular salary level, but rather is invalidating this particular rule as going “too far” in essentially eliminating those who perform exempt duties but make less than the high salary threshold.
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Strike or No Strike, Labor Disputes Can Take a Toll on Hospital Finances
Bass, Berry & Sims attorney Tim Garrett provided insight into the financial and administrative impact that hospitals encounter as a result of worker strikes and disruptions in work activity. Tim discussed the speculative nature of predicting the costs associated with such disruptions and the logistical challenges hospitals face from an administrative standpoint. In the article,