Labor

Expert Analysis

• NLRB History May Hint At Future Of Work Rule Test

  

  Given that the National Labor Relations Board may soon overturn its employer-friendly standard for reviewing workplace rule and handbook provisions, companies can look to the past two decades of shifting policies to surmise that the next framework will likely force them to defend reasonable rules, says Patrick Depoy at Bryan Cave.

• Justices Must Apply Law Evenly In Shadow Docket Rulings

  

  In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

• Employer's Agenda

  

  In this Expert Analysis series, in-house employment attorneys discuss the most important issues companies and counsel should plan for amid the current business landscape, and offer practical advice for how to address the year's unique challenges.

• Cos. Must Brace For More NLRB Scrutiny On Arbitration Pacts

  

  In its recent invitation to file briefs on its 2016 Ralphs Grocery ruling, the National Labor Relations Board signaled its desire to restrict arbitration agreements, so employers may want to revisit their contracts with employees and implement training programs to avoid discrimination claims regardless of forum, say attorneys at Husch Blackwell.

• Contractor Compliance Hurdles In USDA Labor Rule Proposal

  

  Given the U.S. Department of Agriculture’s recent proposal to revive the so-called blacklisting rule requiring certification of compliance with certain labor laws, federal contractors may want to revamp their processes for tracking violations and conducting due diligence in order to avoid the potential for making false representations to the government, says Jack Blum at Polsinelli.

• How Health Care Employers Can Minimize Threat Of Strikes

  

  The COVID-19 pandemic, safety and staffing issues, and the ongoing battle for health care talent mean that worker strikes may become a substantial threat to business operations, but industry employers can reduce the risk of job actions by building employee trust and fostering a culture of respect, say attorneys at Husch Blackwell.

• Employer's Agenda: IHG Counsel Talks Remote Investigations

  

  The pandemic and shift to remote work have drastically altered workplace investigations, making it imperative for in-house counsel to ensure interim actions, witness interviews and attorney-client privilege are addressed in accordance with the unique challenges posed by the telework landscape, says Sherry Nielsen, senior corporate counsel for labor and employment at IHG Hotels & Resorts.

• Employer's Agenda: Allied Universal Counsel Talks Synergy

  

  Compliance with continually evolving local, state and federal employment laws has become a central focus for in-house legal teams, which means regular communication and collaboration with departments like human resources, finance, IT and field operations are essential, says Deborah Pecci, global employment and litigation counsel at Allied Universal.

• Judge Jackson's Employment Rulings Embody Pragmatism

  

  U.S. Supreme Court nominee Judge Ketanji Brown Jackson’s body of work on employment and labor law issues as a district court judge suggests she would defy stereotypical political descriptions and offer nuanced, pragmatic opinions if confirmed to the high court, say Stephanie Adler-Paindiris and Stephanie Lewis at Jackson Lewis.

• Problems For Nonunion Contractors In Biden's Labor Mandate

  

  President Joe Biden’s recent order mandating the use of project labor agreements for large-scale federal construction projects is a welcome development for organized labor, with potentially expensive consequences for nonunion contractors and subcontractors, say Michael Schrier and Adam Doerr at Husch Blackwell.

• A Gov't Contractor's Guide To White House Pro-Union Report

  

  The 60 recommendations recently released by the White House Task Force on Worker Organizing and Empowerment are likely to have an immediate impact, especially on government contractors, in three areas — workers' right to organize, employee misclassification, and enforcement expectations, say attorneys at MoFo.

• Why I'll Miss Arguing Before Justice Breyer

  

  Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

• 11th Circ. Labor Ruling Shows Limits Of 'Right-To-Work' Laws

  

  The Eleventh Circuit’s recent decision in Towns v. Directors Guild, dismissing a terminated employee’s right-to-work claims against a union, primarily serves as a cautionary example of poor timing choices in litigation — but also shows how labor organizations may control access to employment, regardless of statutory protections, says Peter Spanos at Taylor English.