Way back in 2018, we wrote about the Supreme Court of the United States’ decision in Janus, which held that compelling public sector employees to pay “fair share fees” to unions violates the First Amendment. As a refresher, a fair share fee is a fee that non-union members must pay to the union to
Adam Santucci
NLRB Grants Labor Unions Superpowers in Organizing. Is it Game over for Employers?
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…
The Supreme Court Sides with Employers on the Right to Sue Unions
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,…
Chat GPT and OpenAI – What is it and will it impact Human Resources?
We have posted about employer use of Artificial Intelligence, AI, and the emerging legal issues associated with such tools, and no doubt, AI is going to continue to be a hot topic. The growth of AI tools and their usage across industries has been explosive.
Recently, we attended a Webinar on Chat GPT and learned…
NLRB General Counsel Enters the Discussion on AI in the Workplace
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…
How to Get Ahead of Equal Pay Act Claims
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…
Thinking about a Reorganization or Rightsizing? Here are Five Key Questions for your Organization to Consider Now
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…
More on Workplace Surveillance
Our blog post on Nanny Cams in the workplace turned out to be one of our most popular posts (makes us wonder what people are putting in the search bar?). So, we thought we would follow up with some more information for employers about surveillance in the workplace.
Employers with unionized workforces will need to…
NLRB Issues Proposed Rule for Determining Joint-Employer Status
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…
NYC Passes Ordinance Restricting Use of AI in Employment Applicant Screening
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…