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By: David J. Pryzbylski
Disciplining an employee for social media posts criticizing a company can be a tricky area to navigate from a legal standpoint. The National Labor Relations Board (NLRB) has been aggressive in terms of ordering the reinstatement of workers terminated for posting comments online regarding their terms and conditions of employment, including comments that

By Paul Salvatore, Steven Porzio, David Bayer and Laura Franks
Colleges and universities should take note of the Court of Appeals for the D.C. Circuit’s recent decision in University of Southern California v. National Labor Relations Board, Case No. 17-1149 (D.C. Cir. Mar. 12, 2019) addressing whether non-tenure track faculty at universities are “employees” under the National

On March 7, 2019, the Department of Labor announced a proposed rule that would raise the income threshold for overtime pay.[1] The Department maintains that under its proposal a million more Americans would be eligible for overtime pay.[2]
Under current law, employees with a salary below $455 per week ($23,660 annually) must be

On March 1,, 2019, in United Nurses & Allied Professionals (Kent Hospital), the National Labor Relations Board set a new standard for non-member objectors often referred to as “Beck Objectors.”[1]  The Board held that unions can no longer compel objectors to pay a union’s lobbying fees.
The Board based its decision on

Article By:

Mark A. Carter

Jacqueline N. Rau

On January 25, 2019, the National Labor Relations Board (Board) returned to the common-law agency test for determining whether workers qualified as independent contractors. SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019) The decision expressly overrules the Board’s decision in FedEx Home Delivery, 361 NLRB 610 (2014), enf. denied

Avi Yankelewitz – Fordham University School of Law
In the wake of the Supreme Court decision in Janus v. AFSCME, unions must represent all workers in the bargaining unit, even those who do not pay dues.  This paper discusses the possibility that this requirement may be subject to a First Amendment challenge based on the

Update: An email response from Maxford Nelsen Director of  Labor Policy | Freedom Foundation
“First, it’s still a bit too early to conclude that public-sector union membership has not declined in the wake of the Janus decision. In many cases, the data is either unavailable or still very preliminary. Unions made similar claims in the months after