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As we previously reported in April 2022, the National Labor Relations Board ("NLRB" or "Board") General Counsel, Jennifer Abruzzo, asked the Board to revive the Joy Silk doctrine (which was rejected in 1969) and require employers to recognize unions without a secret ballot election.

Without prior Department of Labor (DOL) or court approval, a waiver or release of an employee’s prospective or retrospective FMLA claim is now unenforceable in Maryland, Virginia, West Virginia, North Carolina, and South Carolina.

On the eve of Independence Day, the NLRB, in a 3-1 decision (Member McFerran dissented), clarified the law concerning withdrawal and enunciated a new framework for determining whether a union has retained majority...

On March 22, 2023 Jennifer Abruzzo, General Counsel ("GC") of the National Labor Relations Board ("NLRB" or the "Board") issued a memorandum intended to assist the Regions in responding to inquiries regarding the Board decision in McLaren Macomb, 372 NLRB No. 58 (2023).

In our earlier article "Whose E-mail Is It Anyway," we discussed whether the Fourth Amendment and/or the attorney-client privilege protects an employee’s personal documents and e-mails stored on a company computer or sent through a company’s network.

Touchstone had an agreement with actress Nicollette Sheridan that gave it the exclusive option to renew Sheridan's contract on an annual basis for an additional six seasons.

The Coronavirus Job Retention Scheme ends on 31 October, and the new Job Support Scheme (the "Scheme") starts on 1 November 2020.

The National Labor Relations Board ("NLRB") has recently declared a limit on parties' contractual rights that many private employers (and, for that matter many, of their employees) may find distressing.

A California court of appeal recently clarified which kinds of conduct will support a hostile work environment harassment claim under California’s Fair Employment and Housing Act (FEHA). In Roby v. McKesson, the court found insufficient evidence to support a jury’s finding of harassment based on disability, and struck the verdicts against the defendants for harassment.

Resolving a question that has been pending for three years, in "Harris v. City of Santa Monica", the California Supreme Court held that, in mixed-motive cases, where an illicit purpose is a substantial motivating factor for an adverse employment action, the employer will be liable for unlawful discrimination.

ZL Technologies brought suit, alleging libel per se and online impersonation, against seven anonymous individuals who represented themselves as current or former ZL employees and who posted critical reviews of ZL's management ...

Two recent federal appellate decisions highlight some of the procedural pitfalls that lurk within the federal Family and Medical Leave Act ("FMLA").

The District of Minnesota recently invalidated a release of claims used by Guidant Corporation in connection with a 2004 RIF on the grounds the release did not comply with the Older Worker Benefits Protection Act.

The UK Government published updates to the implementation timetable for the ERA 2025 alongside five new consultations.

The National Labor Relations Board has reinstated the General Motors standard for evaluating employee misconduct during protected activity, marking the third decision in the Lion Elastomers case series. This development simplifies how employers must assess discipline decisions by applying the traditional Wright Line framework rather than multiple setting-specific tests. The ruling emphasizes the importance of consistent workplace policies and uniform enforcement of conduct rules across all situations.

Wage and hour issues remain in the forefront for many employers, and it is an area that is highly litigated.

On December 23, 2022, President Biden signed into law H.R. 7776, the "James M. Inhofe National Defense Authorization Act for Fiscal Year 2023" (the "NDAA 2023").