Morgan Lewis

Labor-Management Relations and Labor Disputes Publications of Interest

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02/06/14 NLRB Issues New Proposed “Quickie” Election Rules
After an unsuccessful effort to implement new election rules in 2011, the NLRB has issued proposed election rules that would substantially speed up the existing union election process.
12/05/13 Fifth Circuit Rejects NLRB’s Ban on Class Action Waivers
Court disagrees with the National Labor Relations Board’s D.R. Horton holding that arbitration agreements with a class/collective action waiver violate the National Labor Relations Act if the agreement is a condition of employment.
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07/30/13 Senate Confirms Morgan Lewis Partner Philip Miscimarra as Member of National Labor Relations Board
Morgan Lewis Labor and Employment partner Philip A. Miscimarra was confirmed today, by a voice vote of the United States Senate, to be a Member of the National Labor Relations Board.
04/09/13 Morgan Lewis Partner Philip Miscimarra Nominated to National Labor Relations Board
Morgan Lewis Labor and Employment partner Philip A. Miscimarra has been nominated by President Obama to be a Member of the National Labor Relations Board.
02/01/13 5th Circ. Poised To Weigh NLRB Class Waiver Ban, Law360
Labor and Employment partner Ross Friedman is quoted.
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60 Publications Found
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03/03/14 Revisit Union Leave Policies After 7th Circ. Decision, Law360

Outside Publication | Article
Daniel Bordoni, Ross Friedman

02/06/14 NLRB Issues New Proposed “Quickie” Election Rules

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

After an unsuccessful effort to implement new election rules in 2011, the NLRB has issued proposed election rules that would substantially speed up the existing union election process.

12/05/13 Fifth Circuit Rejects NLRB’s Ban on Class Action Waivers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Court disagrees with the National Labor Relations Board’s D.R. Horton holding that arbitration agreements with a class/collective action waiver violate the National Labor Relations Act if the agreement is a condition of employment.

11/11/13 Employer Payment of Union Officials’ Salaries Deemed Unlawful

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Seventh Circuit breaks with long-relied-upon precedent, holding that wage payments to former employees on leaves of absence for union business violate section 302 of the LMRA.

05/17/13 Third Circuit Holds Craig Becker’s NLRB Recess Appointment Unconstitutional

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

A second federal appellate court holds that President Obama's NLRB recess appointments were invalid and potentially calls into question every Board decision since March 2010.

05/09/13 D.C. Circuit Rules NLRB Notice-Posting Requirement Invalid

LawFlash/Client Alert | Labor and Employment LawFlash
David Broderdorf, Ross Friedman

Notice Rule remains inoperative as court holds that it conflicts with NLRA's statutory language.

03/04/13 Labor and Employment Issues in Corporate Transactions: Strategic Considerations and Hidden Liabilities, PLC Labor & Employment

Outside Publication | Article
Stanley Lechner

02/07/13 DOL Publishes New FMLA Regulations

LawFlash/Client Alert | Labor and Employment LawFlash
Michelle Silverman, Silvia LeBlanc, Sarah Andrews, Rene Johnson

Final rule takes effect on March 8 and makes changes to model certification forms, intermittent leave, exigency and military caregiver leave, and flight crew rules.

01/31/13 NLRB Judge Rules on Confidentiality and Non-Disparagement Provisions

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

ALJ strikes down provisions in an employment agreement for violating the NLRA, finding they chilled employees' exercise of Section 7 rights.

01/22/13 The Second Obama Term: NLRB Outlook

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Employers should expect a continuation of the policies from the last four years as the NLRB seeks to extend the reach of the NLRA to nonunion workplaces and promotes increased unionization and collective bargaining.

11/14/12 Social Media: Emerging Risks Facing Corporate America

Presentation | Speech
Joyce Taber, Jonathan Fritts

Morgan Lewis partners Joyce Taber and more

11/01/12 NLRB’s Division of Advice Finds Two At-Will Employment Policies Lawful

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Advice memoranda describe limits of potential challenges to at-will employment policies under the NLRA.

10/09/12 NLRB Expands Employee Rights to Enter Workplace Outside Work Hours

LawFlash/Client Alert | Labor and Employment LawFlash
David Broderdorf, Jonathan Fritts, Charles Cohen, Joseph Santucci, Jr.

Board's recent decision in J.W. Marriott makes it more difficult for employers to control off-duty employee access to the workplace.

06/01/12 Acting NLRB GC Issues Updated Report Concerning Social Media Cases

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Report analyzes seven employer social media policies under the National Labor Relations Act, and provides an example of a policy that is considered to be lawful.

05/29/12 Amicus Brief to US House – 5.29.2012 – National Association of Manufacturers, et al., v. National Labor Relations Board, et al., D.C. Circuit

Practice Resource | Labor Congressional Materials
David Broderdorf, Andriette Roberts, Rita Srivastava, Jonathan Fritts, Ross Friedman, Philip Miscimarra, Charles Cohen

In the D.C. Circuit appeal regarding the legality of the notice-posting requirement adopted by the NLRB, Morgan Lewis is representing The Honorable John Kline, Chairman of the House Committee on Education and the Workforce, and 3... more

04/30/12 New NLRB Election Rules Go into Effect April 30

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The Board's Acting General Counsel has issued guidance on the rules; their full impact will depend on the outcome of a lawsuit challenging their implementation, with a decision due by May 15.

April 2012 Corporate Spending Post-Citizens United Decision Comes under Attack

LawFlash/Client Alert | Cross-Practice Alert
Timothy Lynch, Linda Griggs

The Supreme Court decision in Citizens United v. Federal Election Commission , 558 U.S. —, 130 S.Ct. 876 (2010), lifted long-standing limits on corporate and labor union political spending. Prior to Citizens United , ... more

04/02/12 Courts Reject NLRB’s Ruling That Arbitration Agreements Violate NLRA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Three district courts to consider D.R. Horton have distinguished or rejected the NLRB's holding that it was a violation of the NLRA to condition employment on an agreement providing all employment disputes and claims would be resolved in arbitration.

03/06/12 D.C. Court Issues Split Decision in NLRB Notice Case

LawFlash/Client Alert | Labor and Employment LawFlash
Ross Friedman

Judge upholds Board's authority to issue the rule requiring notice, but strikes down penalty provisions.

03/03/12 Angels, Demons and the NLRB — Perspectives on Congressional Oversight, paper presented to the American Bar Association, Committee on Practice and Procedure Under the NLRA, Midwinter Meeting

Presentation | Speech
Philip Miscimarra

02/07/12 DOL Proposes New FMLA Regulations on Military Family Leave

LawFlash/Client Alert | Labor and Employment LawFlash
Michael Ossip, Corrie Conway, Silvia LeBlanc, Sarah Andrews

Proposed rules impact exigency leave and military caregiver leave and include clarifications on increments of intermittent leave.

01/09/12 Arbitration Agreement Barring Class Litigation Violates the NLRA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The NLRB in D.R. Horton holds that the home builder violated the NLRA by conditioning employment on agreements providing that all employment disputes and claims would be resolved in arbitration, and foreclosing any litigation of "class" or "collective" claims in court or arbitration.

12/21/11 NLRB Implements Extraordinary Regulatory Overhaul to Election Procedures

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Employers covered by the NLRA should prepare for the possibility of organizing campaigns with expedited representation election procedures that provide extremely limited pre-election hearings and restrictive appeal options; elections will be held much more quickly than the current median of 38 days after the petition is filed.

11/30/11 NLRB Votes in Favor of Major Changes to NLRA Election Procedures and House Passes “Workforce Democracy” Bill

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

By a 2–1 vote today, the National Labor Relations Board (NLRB or Board) decided to move forward with major changes to the Board's representation election procedures. The vote adopted a subset of procedural reforms first pr... more

11/30/11 How Recent NLRB Decisions and Rulemakings Will Promote Union Organizing: What Union and Nonunion Companies Need to Know

Presentation | Webinar
Jonathan Fritts, Ross Friedman

This one-hour interactive webinar addressed the key implications of recent National Labor Relations Board (NLRB) decisions and rulemaking initiatives promoting union organizing, which impact all employers covered by the National... more

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