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This week, the U.S. Supreme Court unanimously reversed an earlier Fifth Circuit Court of Appeals decision and held that courts may not decide a question of arbitrability when parties have contractually delegated that question to an arbitrator. Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272 (U.S. January 8, 2019).

While on its

Unions have been actively organizing graduate students, while wanting to avoid having the National Labor Relations Board involved. They are particularly concerned that President Trump’s appointees to the National Labor Relations Board, who are now a majority of the Board members, will revisit and reverse the Columbia University decision. That decision determined that graduate students

There have been two recent developments regarding union organizing efforts on University campuses.  At Northwestern University, a mail ballot election among adjunct faculty took place in July 2016. The Service Employees International Union challenged 25 of those ballots but the challenged ballots were not finally resolved and opened until earlier this month.  Those ballots, which

A recent Occupational Safety and Health Administration (“OSHA”) memorandum may help employers in finding ways to reduce workplace injuries, workers’ compensation claims, and lost time due to injuries. As outlined in the memorandum, employers will be able to carefully develop and implement safety incentive programs that reward employees for not having any reportable injuries in

Please join us for our annual fall seminar on October 25, 2018 at the Hartford Marriott Downtown. This promises to be an interesting and informative program regarding recent developments in labor and employment law. Our half-day seminar will include discussions of the timely topics listed here as well as updates on recent legislation and court

The confirmation hearing of U.S. Supreme Court nominee Brett Kavanaugh has been a focus of the media in recent days.  A comment made by Kavanaugh, however, highlights how claims of sexual harassment are being handled within the federal court system.

As you may have heard, Kavanaugh was asked about sexual harassment allegations that had been

The Department of Labor this week rescinded a proposed rule that would have forced employers to disclose outside consultants they hire to counter workers’ union organizing efforts.

These consultants often work with lawyers for the company and the new rule would have, arguably, created some potential issues with the attorney client privilege for these companies.

On June 27, we issued an alert concerning the decision of the United States Supreme Court in Janus v. AFSCME (June 27, 2018). There, the Court held that mandatory agency fees (also sometimes known as service fees) for public employees violate the First Amendment rights of the affected employees. We wish now to follow up

In a 5-4 decision, the United States Supreme Court today ruled that provisions requiring public employees to pay agency fees violate the First Amendment of the U.S. Constitution. In doing so, the Supreme Court expressly overruled its own 41-year-old precedent.

This closely watched case arose from a challenge by an Illinois public employee to the