Labor

Expert Analysis

• 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.

• Key Takeaways From Calif.'s Sweeping Fast-Food Wage Law

  

  California Gov. Gavin Newsom recently signed a controversial wage bill that will have a major impact on fast-food employers and employees, will likely shape how the state regulates other industries in the future, and represents a radical step toward sectoral bargaining, says Pooja Nair at Ervin Cohen.

• Prepare For NLRB Collaboration With Antitrust Agencies

  

  The National Labor Relations Board's recent agreements with the Federal Trade Commission and the U.S. Department of Justice may herald increased interagency engagement on noncompete and no-poach issues, so companies that face scrutiny from one agency may well quickly be in the crosshairs of another, say attorneys at BakerHostetler.

• Watson Discipline Case Shows NFL's Power In Labor Disputes

  

  While the six-game suspension a disciplinary officer recently ordered against Cleveland Browns quarterback Deshaun Watson aligns with labor law standards, the NFL has authority to increase the punishment with little to no recourse for Watson or the NFL Players Association — thanks to the 2016 “Deflategate” case, says Michael Elkins at MLE Law.

• Why Gig Platforms Should Be On Alert

  

  The Federal Trade Commission and state attorneys general have set their sights on the gig economy and practices they view as deceptive and unfair, which will open gig platforms to more scrutiny — and past cases against gig-economy giants including Uber and Instacart are cautionary tales to keep in mind, say attorneys at Venable.