Businesses entering the provisional license stage in Connecticut’s nascent adult-use cannabis market are beginning to grapple with labor and employment issues. In addition to hiring a workforce, prospective cannabis businesses must also consider the role of organized labor. The Responsible and Equitable Regulation of Adult-Use Cannabis Act (the “Cannabis Act”) contains specific requirements for cannabis businesses pertaining
Jarad M. Lucan
Jarad is chair of Shipman's Employment and Labor Practice Group, where he practices on behalf of both public and private sector clients. Jarad has successfully represented employers in grievance arbitration matters, prohibited practice proceedings before the State Board of Labor Relations, and unfair labor practice proceedings before the National Labor Relations Board. He has also represented employers in cases involving claims of discrimination and retaliation before the Commission on Human Rights and Opportunities, the Equal Employment Opportunity Commission and State and Federal Courts.
NLRB Reverses Trump-Era Rules on Severance Agreements
On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a new decision restricting the ability of private-sector employers to include non-disparagement and confidentiality provisions within severance agreements. The decision, McLaren Macomb and Local 40 RN Staff Council, Office and Professional Employees, International Union (OPEIU), AFL–CIO, Case 07–CA–263041, reversed two Trump-era decisions that permitted…
Third Circuit Hears Case on Whether College Athletes May Be Employees
Current and former college athletes are suing the National Collegiate Athletic Association (“NCAA”) over the NCAA’s failure to pay them an hourly wage. Last week, the Third Circuit heard argument about whether student athletes may be considered employees under the Fair Labor Standards Act. (“FLSA”).
The case before the Third Circuit is not unique. In 2016…
NLRB Issues Four Decisions in Five Days
As the holiday season approaches, the National Labor Relations Board (“NLRB”) issued four pro-labor decisions of varying impact. One decision maintains the status quo; two decisions return to an Obama-era standard, and the fourth creates an entirely new remedy for unfair labor practice cases. Each case will be addressed in turn below.
Maintaining the Status…
NLRB Warns Furloughs Likely Without Additional Funding from Congress
On Friday, the Chairman and the General Counsel of the National Labor Relations Board authored a letter to Congress, informing lawmakers that without additional funds in the upcoming year, the NLRB will be forced to furlough employees amidst a budget crisis — even as the agency’s workload surges. The letter paints the issue in stark…
NLRB Proposes Revival of Obama-Era Joint Employer Standard, Expanding Scope of “Joint Employment” Under NLRA
On September 6, 2022, the U.S. National Labor Relations Board (the “Board”) said “Happy Labor Day” to employers with a proposal to revive the employee-friendly, Obama-era standard of joint employment under the National Labor Relations Act (the “NLRA”). Under the proposed standard, one company may be deemed a joint employer of a second company’s employees…
NLRB Reverses Course on Trump-Era Rule Regarding Union Apparel Bans
On August 29, 2022, the National Labor Relations Board (“NLRB”) reversed Trump-era case law and significantly limited when employers may restrict union insignia on clothing in the workplace.
The case, Tesla, Inc. 370 NLRB No. 131 (2022), arose after Tesla prohibited employees at a manufacturing facility from wearing clothing bearing union insignia during a union…
Connecticut Legislative Update 2022: New Laws Impacting Public and Private Employers
Over the past few weeks, Governor Lamont signed several bills that will impact public and private employers in several ways. While there are other bills that will take effect in October 2022, and subsequently in 2023, we have summarized below the bills that have effective dates July 1, 2022 and earlier.
Senate Bill 163 becomes…
New Podcast Episode: NLRB Update, Part 2: Significant NLRB Decisions and Their Effect on Employers
In our first episode, NLRB Update, Part 1: Latest Guidance from the General Counsel’s Office, host Gabe Jiran was joined by labor and employment lawyer Jarad Lucan for a discussion about the NLRB General Counsel’s initiatives for the next four years and what they may mean for employers.
In NLRB Update, Part 2: Significant …
Jarad Lucan and Chris Engler to Present During ConnPELRA’s “Annual Collective Bargaining Workshop for Municipal and School District Personnel”
Jarad Lucan and Chris Engler will present the session “Labor Board Updates” during the ConnPELRA event, “Annual Collective Bargaining Workshop for Municipal and School District Personnel.”
- What’s New in Negotiations: Topics and Trends, Settlements and Arbitration Awards
- Setting the Table for Negotiations, “What Management is Missing”
- Economic Trends and Legislation Affecting Labor in