If you don’t already know, Starbucks has been in a pretty big labor dispute, and there are bound to be lessons for all of us. If your company has internal documents about relations with prospective unions, you may have to disclose them in a labor dispute even though pre-hearing discovery is generally not available. You

For many, this has been a summer of strikes. Beyond the high-profile, ongoing strike of Hollywood writers and actors, union actions have secured outcomes like substantial pay increases for UPS drivers and commercial air pilots. A major strike of autoworkers now looms. Despite indicators pointing to a labor market that is loosening after historic post-pandemic

Are PhD students at a private university who also teach courses and grade papers – tasks that are a part of their development but also certainly assist the university – employees who can unionize?  The NLRB said yes for a second time. This trend that allows unionization of employees who were once thought to be

If the NLRB finds that you have committed an unfair labor practice (and maybe more than once), just what can it do? In Noah’s Ark Processors, a three-member panel of the board recently took an opportunity to pronounce available punishments for repeat labor offenders, and it was not shy. An administrative law judge determined

Workplace hair discrimination is a topic that has floated through the media for the past several years. To prohibit discrimination, California has implemented the “Creating a Respectful and Open World for Natural Hair (CROWN) Act.” Specifically, California’s CROWN Act amends California’s Fair Employment and Housing Act (FEHA), an act that functions to prohibit specified discriminatory

In Glacier Northwest, Inc. v.  Int’l Brotherhood of Teamsters Local Union 174, the Washington Supreme Court addressed the issue of whether a union is responsible for property damage incident to a strike. How does that issue arise? Let’s just suppose that your company is involved in a bitter labor negotiation with the unionized workforce.

If you are considering using video cameras or other surveillance in your workplace, state law might have something to say about it. There are many reasons you might want to use video cameras in your workplace – employee safety, insurance benefits, customer service quality assurance, to name a few. However, don’t forget that state law

What’s Your Vax Status? New Requirements for Federal Employees and ContractorsWith Delta variant infections on the rise, the Biden administration recently announced that “every federal government employee and onsite contractor will be asked to attest to their vaccination status,” and that anyone who “does not attest to being fully vaccinated will be required to wear a mask on the job no matter their geographic location,

Race and National Origin Discrimination Claims Cover Discrimination Based on All Races or National OriginsEmployers seeking to diversify their workforces need to remember that Title VII’s prohibition on class-based discrimination still applies — even if your motives are pure. The EEOC announced that it settled a lawsuit in which it alleged that a company was discriminating in favor of Hispanic job applicants over black, white, and Asian applicants.

The

New Administration, New DOL Approach: Department Pulls Back Trump Rulemaking LimitationsWith the new Biden administration now in place, the Department of Labor (DOL) has withdrawn a Trump era measure on guidance documents. Following a recent Executive Order, the DOL issued a final rule on January 27 to rescind the Trump DOL’s prior rule. The result will likely be less public involvement in DOL guidance.

Background