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Articles by Michael Pepperman
Resurrected NLRB “Quickie” Election Rule to Take Effect December 26, 2023 | JD Supra
This holiday season, the National Labor Relations Board (NLRB or the “Board”) has bestowed a gift on organized labor. On December 26, 2023, significant, labor-friendly changes made by the NLRB for processing representation cases will go into effect. The changes which are often referred to as the “ambush” or “quickie” election rules, mark a return to key election procedures originally put in place by the Obama-era Board in 2014.
NLRB Announces Final Rule for Employee-Friendly Joint Employer Test | JD Supra
As HR Legalist predicted when the National Labor Relations Board (NLRB) announced the proposed rule in September 2022, the pendulum of federal labor and employment law has once again swung in an employee-friendly direction. Yesterday, the NLRB released a final rule regarding the joint-employer doctrine.
Landmark NLRB Decision Significantly Alters Labor Relations Landscape by Promoting Mandatory Union Recognition Over Traditional Secret Ballot Elections | Obermayer Rebmann Maxwell & Hippel LLP - JDSupra
On Friday, August 25, 2023, The National Labor Relations Board (NLRB) issued a highly anticipated decision in Cemex Construction Materials Pacific, LLC which fundamentally shifts the paradigm governing how unions organize American workplaces.
Handbooks Under Scrutiny: The NLRB Makes Things Harder for Employers (Again) | JD Supra
Over the past decades, standards for profanity, inappropriate social media use, and other workplace issues commonly addressed in employee handbooks have changed along with the political makeup of the National Labor Relations Board (“NLRB”).
The Crackdown Continues - The NLRB Clarifies the Status of Severance Agreements After McLaren | JD Supra
As previously covered by HR Legalist, the National Labor Relations Board’s (“NLRB”) recent decision in McLaren v. Macomb ushered in a significant crackdown on non-disparagement and confidentiality provisions in employee severance and separation agreements. This case continues the recent trend of cases reversing employer-friendly decisions of years past and creating a paradigm shift in the labor relations playing field.
Federal Trade Commission Proposes a Nationwide Ban on Non-Compete Agreements | JD Supra
A huge change could be coming to the enforceability of non-compete agreements—and it might be very bad news for employers who rely on such agreements to protect their businesses. On January 5, 2023, the Federal Trade Commission (“FTC”) released a new proposed rule that—if finalized—would ban a broad variety of non-compete agreements and contract terms between employers and workers.
[Hybrid Event] HR Legalist Live Presents: Back to Office Best Practices - December 7th, Philadelphia, PA | JD Supra
December 7th, 2022 12:00 PM - 1:00 PM EST Obermayer Rebmann Maxwell & Hippel LLP Centre Square West, 1500 Market Street, Suite 3400 Philadelphia, PA 19102-2101 While the Fall of 2022 marked the return of many employees to the physical workplace, the labor and employment landscape has changed significantly since the COVID-19 pandemic began.
[Webinar] New Landscapes in Employment Law & Global Mobility - October 7th, 12:00 pm - 1:00 pm EDT | JD Supra
October 7th, 2021 12:00 PM - 1:00 PM EDT HR Legalist Live Presents: New Landscapes in Employment Law & Global Mobility Join us on Thursday, October 7, 2021, for the next installment of “HR Legalist Live,” where Obermayer attorneys bring their popular blog to life.
[Webinar] The Pendulum Swings: Notable Employment Law Changes to Watch for Under the Biden-Harris Administration - February 11th, 12:00 pm - 1:30 pm EST | Obermayer Rebmann Maxwell & Hippel LLP - JDSupra
February 11th, 2021 12:00 PM - 1:30 PM EST After only a few days in the White House, President Joe Biden and Vice President Kamala Harris have already made notable changes to the leadership of federal agencies that administer the nation’s labor and employment laws. This is an early signal that President Biden intends to fulfill campaign promises to move workplace law, and its enforcement, in a decidedly employee-friendly direction.
Unionize, Organize, and Penalize: The “PRO” Act and What Employers Should Expect Under a Biden Administration | JD Supra
Second in a Series of Blogs Regarding the Presidential Transition On Saturday, November 7, 2020, all major media outlets called the 2020 presidential election in favor of Joe Biden and Kamala Harris, and President-elect Biden has already begun transition plans.
New NLRB Decision Overhauls Standard for Offensive Employee Outbursts | JD Supra
Prior to Tuesday, July 21, offensive employee conduct committed in the course of otherwise protected activity under the National Labor Relations Act (the “Act”) was more often than not shielded from employer discipline. However, following the National Labor Relations Board’s (“NLRB” or the “Board”) decision on July 21, 2020 in General Motors, LLC ¹, the Board severely clamped down on employees’ ability to engage in such conduct in the future without consequence.
“Labor Law Update: New Union Election Rules Partially Overturned by New Court Decision” | JD Supra
Back in December 2019, HRLegalist blogged about the National Labor Relations Board’s (“NLRB”) new union election rules. This set of rules was a sweeping series of reforms that sought to slow down the union elections process, seeking to offset some of the injurious effects of the “Ambush Election” rules that were dealt to employers. These employer-friendly rule changes by the NLRB were subsequently challenged in the U.S. District Court for the District of Columbia by the AFL-CIO.
UPDATE: NLRB Tightens Joint Employer Rule in Favor of Employers | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The Tug-Of-War Continues: DOL Proposes New Rule to Provide a Clear Definition of “Joint Employer” Under the Fair Labor Standards Act | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
NLRB Rides the SuperShuttle Back to the Common-Law Test for Independent Contractors | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Supreme Court Rules Against Public Sector Unions, Disallows “Fair Share” Fees for Public Employees | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Sixth Circuit Rules that Gender Identity Discrimination is Not Religious Freedom | JD Supra
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The New NLRB Gets to Work: GOP-Majority Board Overturns Browning-Ferris, Changes the Law on Joint Employment and Micro-Unit Organizing
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Senate Confirms Emanuel to NLRB, 3-2 Republican Majority Signals Potential Changes on the Way
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Preparing for New York Paid Family Leave: Fast Facts and Best Practices for Empire State Employers
While the U.S. is the only industrialized nation that does not require paid family and medical leave, New York’s incoming Paid Family Leave Program will guarantee paid leave for nearly all private sector employees, joining programs in California, New Jersey, and Rhode Island.
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