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

Can you still have noncompete agreements with your employees? There has been a lot of buzz about this issue, and this week the general counsel of the National Labor Relations Board joined the conversation with a memorandum, GC 23-08, opining that noncompete and nonsolicitation agreements violate the National Labor Relations Act. This continues a

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

Last Tuesday, the National Labor Relations Board (NLRB) published an anticipated Proposed Rule on joint employer status. The Proposed Rule, which is designed to apply for all purposes under the National Labor Relations Act (NLRA), including both union representation and unfair labor practice contexts, is important to businesses that rely on labor supplied by a

Union efforts to organize workers are on the rise. Most notably, several high-profile employers are at the forefront of recent union campaigns, including Amazon, Starbucks and now Apple.

Amazon

Employees at Amazon’s Staten Island, New York warehouse voted in favor of union representation two weeks ago: 2,654 for and 2,131 against representation.  Now, the union

President Biden Proclaims His Administration’s Policy to Encourage Worker Organizing and Collective BargainingPresident Biden issued his executive order on “Worker Organizing and Empowerment” on April 26, 2021. In it, he stated that “it is the policy of my Administration to encourage worker organizing and collective bargaining.” In the EO, President Biden noted that while the National Labor Relations Act states that it is the policy of the

Weeding Out Claims by Agricultural Workers – The NLRA, the Agricultural Exemption, and the Cannabis IndustryIn a recent Advice Response Memo, the National Labor Relations Board (NLRB) indicated that employees of a cannabis growing operation were exempt from the National Labor Relations Act (NLRA), meaning that the employees were not entitled to the NLRA’s protections. The employees had alleged that the cannabis operation interfered with their attempts to unionize,