On Tuesday, December 10, 2024, the National Labor Relations Board (“the Board”) limited an employer’s right to make unilateral changes in the workplace, restoring one of “the oldest and most familiar doctrines” in labor law: the clear and unmistakable waiver standard.
An employer makes a unilateral change when it modifies certain conditions of employment (mandatory
On Monday, February 5, 2024, the Region 1 Regional Director of the National Labor Relations Board (“NLRB”) issued a Decision and Direction of Election that permits the Dartmouth College men’s basketball team to proceed forward with a union election.
The National Labor Relations Act (“NLRA”) grants expansive rights to employees of most private sector
On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a final rule (“Final Rule”) defining the term independent contractor under the Fair Labor Standards Act (“FLSA”), rescinding the previous definition of independent contractor outlined in 2021 (“2021 Rule”). The Final Rule establishes a six-factor test based on the economic reality of the worker
We begin Season 2 of From Lawyer to Employer with a discussion about the recent Stericycle Decision from the National Labor Relations Board. Listen as guest speaker, Sarah Niemiroski chats with host, Daniel Schwartz about the the far-reaching impacts this decision has for employers when creating workplace policies. What’s different about Stericycle as opposed to Boeing? What type
On August 2, 2023, the National Labor Relations Board (“NLRB”) issued a 3-2 decision, Stericycle, Inc., that adopted a new legal standard for evaluating employers’ workplace policies and rules. Under the new standard, an employer’s workplace policy may violate employees’ rights under the National Labor Relations Act (“NLRA”) if its policies have a “reasonable
This morning, the U.S. Supreme Court unanimously toppled decades-old precedent governing an employer’s treatment of religious accommodation requests. While the decision in Groff v. DeJoy has been overshadowed by Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, which threw out Harvard and UNC’s affirmative action programs, Groff has broad-reaching impacts
As the cannabis industry grows both locally and nationally, labor organizers have increasingly targeted the field for unionization. While Connecticut is one of the earlier states to legalize cannabis, Connecticut only recently joined the ranks of states with unionized cannabis workers. As a result, Connecticut-based cannabis companies arguably enjoy some benefit from having the opportunity
Last week, amid much anticipation, the EEOC released a new technical assistance document for employers, providing guidance on the use of artificial intelligence (AI), while ensuring compliance with Title VII. Entitled “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of
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
In a move with profound implications for workplaces, the Federal Trade Commission (“FTC”) on Thursday, January 5, 2023, issued a sweeping proposal that would ban all non-compete agreements between employers and employees. While the timing was a bit of a surprise, the move had been telegraphed since mid-2020 when President Biden issued an executive order