The National Labor Relations Board issued a groundbreaking decision in Cemex Construction Materials Pacific, LLC that will likely leave employers reeling.  The Board cast aside over 50 years of established law, and created a new standard that will further tilt the playing field in favor of labor unions in the union election process.  The new

On June 1, 2023, the United States Supreme Court held that a company could sue a union over intentional damage caused during a labor dispute. In Glacier Northwest v. International Brotherhood of Teamsters Loc. Union No. 174, a concrete company, Glacier Northwest, alleged that the Union intentionally destroyed company property during a strike. Specifically,

We previously posted about employer use of Artificial Intelligence, AI, and the emerging legal issues associated with such tools.  Recently, the National Labor Relations Board General Counsel issued GC Memorandum 23-02, which outlined her view that the use of electronic monitoring and artificial intelligence can run afoul of the National Labor Relations Act.  The memo

A recent press release by the U.S. Equal Employment Opportunity Commission (EEOC) demonstrates that Equal Pay Act claims are becoming increasingly common.  The EEOC in Baltimore, MD announced that an auto dealership agreed to pay $62,500 to resolve an Equal Pay Act claim by a female employee.  The employee had alleged that she was being

As the negative economic outlook continues to fill our news and social media feeds, many organizations are pondering what an economic shift may mean for their business.  Others have moved on to the next stage of grief, acceptance, and have started to plan ahead.  For some organizations, this means considering, and possibly implementing, a reorganization

Whether two entities are “joint employers” is an important question under the National Labor Relations Act.  Consider Company A, which contracts with Company B, a staffing company, to provide maintenance or other services at Company A’s facility.  The maintenance workers are employed directly by Company B.  While working at Company A’s facility, Company B’s employees

We recently wrote about the Equal Employment Opportunity Commission’s Guidance on the use of Artificial Intelligence in the hiring process.  AI is exploding.  It is being put to use in many different industries and toward many different applications, including in various human resources related functions.  As we previously discussed, the use of AI can

In an important decision for employers and unions alike, the Third Circuit Court of Appeals, the federal appeals court with jurisdiction over Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, held that a union could be liable under the federal Racketeering Influenced and Corrupt Organizations (RICO) Act.  The decision opens a new avenue