Continuing its expansion of remedies available under the NLRA, the NLRB has begun to mandate that employers schedule negotiation meetings with unions and even submit to the NLRB post-negotiation status updates. See for example the NLRB’s recent decisions in Crushin’ It LLC , Columbus Electric Cooperative, Inc. , and Amerigal Construction Co., Inc. Here is an example of such […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2023-08-04 16:23:292023-08-03 16:33:59NLRB begins requiring negotiation schedules as remedies in mandatory bargaining cases
Jettisoning a Trump-era decision that in turn jettisoned an Obama-era approach to handbooks and policies, the NLRB, in a case entitled Stericycle, Inc., has returned to the more aggressive Obama-era approach. Now, the Board will return to reviewing the language of policies on their face for whether the Board believes the language could pose “a reasonable […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2023-08-03 16:21:172023-08-03 16:21:17NLRB returns to more aggressive reviews of handbooks and other policy language
Last year, the Supreme Court ruled, in Viking River Cruises, that a mandatory pre-dispute arbitration agreement barred the plaintiff from pursuing claims under California’s statue called “PAGA” (Private Attorneys General Act). PAGA is a statutory scheme that lets individuals pursue claims, often compared to class-/collective-actions, for labor code violations and recover remedies including penalties not […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2023-07-19 09:47:522023-07-19 09:47:52California Supreme Court permits “representative” claims in court under PAGA even though “individual” claims under PAGA must be arbitrated c
The Colorado state legislature enacted a crop of new laws affecting employers in 2023, including the following: The POWR Act (Protecting Opportunities and Workers’ Rights Act) Revisions to existing job/promotional opportunity posting and disclosure requirements Expansion of reasons for taking HFWA/paid sick leave Age-related questions in job applications Penalties related to wrongful refusals to allow […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2023-07-18 16:56:242023-07-18 16:56:24Colorado employers, brace for 2023 state legislative developments
In 303 Creative, LLC v. Elenis, the Supreme Court held that the First Amendment protects expressive speech even in commercial setting, despite anti-discrimination statutory provisions. The highly controversial decision came in a party-line split decision and is sure to draw more litigation and eventual review by a future Supreme Court. Even the majority opinion noted […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2023-07-13 11:14:062023-07-13 11:14:06Supreme Court holds First Amendment protects expressive speech even in commercial setting, despite anti-discrimination statutory provisions