Labor

Expert Analysis

• Weighing Workplace Surveillance For Remote Workers

  

  Workers who opt to continue working remotely after the COVID-19 pandemic remain under the watchful eye of their employers even from their own homes, but given the potential legal risks and adverse impacts on employee well-being, employers must create transparent policies and should reconsider their use of monitoring technologies at all, says Melissa Tribble at Sanford Heisler.

• Don't Ignore NLRA When Using Employee Resource Groups

  

  Companies often celebrate the benefits of employee resource groups when recruiting in a tight labor market, and while it’s not common to associate National Labor Relations Act protections with ERGs, employers should assess the potential for labor claims when using this worker engagement tool, says Daniel Johns at Cozen O’Connor.

• My Favorite Law Prof: How I Learned Education Never Ends

  

  D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.

• How The NLRA May Slow Down The FAST Act

  

  California's Fast Food Accountability and Standards Recovery Act takes on many of the activities already managed by the National Labor Relations Act and may give rise to arguments that the new law is federally preempted, say attorneys at Greenberg Traurig.

• Cos. Must Consider Union Vs. Nonunion Employee Treatment

  

  The National Labor Relations Board’s recent actions challenging Starbucks' exclusion of union employees from new benefits may guide employers on the treatment of union-represented employees versus others that are not, but companies should still beware of the NLRB’s tendency to shift positions with different administrations, says Hugh Murray at McCarter & English.

• How NLRB Status Quo Rule Change Affects Employers

  

  In its recent Pittsburgh Post-Gazette decision, the National Labor Relations Board changed the application of the corollary to a rule that requires maintaining the status quo after a bargaining agreement expires, which could negatively affect employers by complicating operational decisions, says James Redeker at Duane Morris.

• Company Considerations For Cash Award Incentives: Part 2

  Excerpt from Practical Guidance

  

  Cash awards can help companies address some issues associated with equity awards to compensate employees, but due to potential downsides, they should be treated as a tool in a long-term incentive program rather than a panacea, say Denise Glagau and Kela Shang at Baker McKenzie.

• Why Minor League Labor Negotiations Will Be Complicated

  

  Despite the Major League Baseball voluntarily recognizing the recently announced Minor League Baseball union and avoiding a potentially contentious process, the forthcoming labor negotiations will be complex for multiple reasons — from minor leaguer demographics to the specter of antitrust scrutiny, says Christopher Deubert at Constangy Brooks.

• Alternatives For Employers Considering Workforce Reduction

  Excerpt from Practical Guidance

  

  Employers' reduction in force decisions can be costly, increase exposure to employment lawsuits and lower morale of remaining employees, but certain other approaches can help reduce labor costs while minimizing the usual consequences, say Andrew Sommer and Megan Shaked at Conn Maciel.

• How Weingarten Rights May Operate In A Nonunion Workplace

  

  A recent National Labor Relations Board memo signals an interest in giving nonunion employees a right to have a coworker representative present in disciplinary hearings, but concerned employers may find solace in limits the agency has placed on union employees' Weingarten rights over the years, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

• Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling

  

  The D.C. Circuit's recent ruling in Constellium Rolled Products v. NLRB — that a worker was improperly fired for using profanity while protesting company policy — highlights confusion surrounding worker protections for concerted activity and the high bar for employers to prove discipline is unrelated to such activity, say John Hargrove and Anne Yuengert at Bradley Arant.

• NLRB Reversal On Union Apparel Is A Warning For Employers

  

  The National Labor Relations Board's recent reversal of Trump-era case law in its Tesla ruling significantly limits when employers may restrict union insignia on clothing in the workplace and provides multiple cautionary takeaways for employers, say attorneys at Shipman & Goodwin.

• Proposed NLRB Rule Would Vastly Expand Joint Employment

  

  The National Labor Relations Board’s recently proposed rule for determining when joint employment exists would replace a 2020 standard with expansive new definitions, including the problematic addition of workplace health and safety as an essential term and condition, says Todd Lebowitz at BakerHostetler.