Posts tagged employers
NLRB Holds Bargaining Proposal Alone Not an Unlawful Threat
August 20, 2026 // In a recent decision, Inland Waters Pollution Control, Inc., a divided National Labor Relations Board held that an employer did not violate Section 8(a)(1) of the National Labor Relations Act merely by proposing contract language that would permit discipline for employees who filed “baseless, malicious or harassing grievances.” The board emphasized that placing a proposal on the bargaining table, standing alone, does not constitute an unlawful threat.
Bipartisan Bill to Accelerate Labor Contracts Roils Employers
August 6, 2026 // “The notion that I’m going to bargain a fresh contract and think of all the terms and conditions of employment that get woven into a contract, a contract that on the light side might be 10 or 15 pages single space and on the long side 50 pages, that’s just ridiculous,” he said. “People that have never bargained wrote this law.” The bill could also exacerbate timelines instead of accelerating them, as arbitrators and mediators become increasingly overwhelmed with an influx of contract disputes. That could be especially aggravated by ongoing staffing challenges at the Federal Mediation and Conciliation Service, said Steven M. Bernstein, regional managing partner and Labor Relations Group co-chair at Fisher & Phillips LLC.
Republicans And Union Allies Could Force Abortion On Christian Employers, Critics Warn
June 28, 2026 // The Senate version of the bill is sponsored by outspoken social conservative Senator Josh Hawley (R-MO) who says that the bill will help workers assert their rights against woke corporations. But according to the Christian Employers Alliance, the bill could have significant ramifications for religious workers and employees.
New York State Looks to Take Over Labor Law Enforcement Amidst Uncertainty at the NLRB
June 26, 2025 // With mounting uncertainty about the lack of a quorum and near term future of the National Labor Relations Board (the “NLRB” or the “Board”), New York State legislators are attempting to usurp the powers delegated to the Board by Congress.
MICHIGAN: While you were sleeping, the law changed
March 12, 2025 // The two laws were scheduled to take effect Feb. 21. The Legislature acted minutes (not hours) before the deadline and delivered the bills to Gov. Gretchen Whitmer in the middle of the night. Employers went to sleep on Feb. 20, woke up to a new regulatory environment, and are scrambling to understand the laws. How did we get here? In 2018, out-of-state advocacy groups sent two ballot measures to the Legislature. One measure imposed paid sick time mandates on every employer in the state — every company, nonprofit and government entity. The other measure mandated minimum wage increases, eviscerating the tip credit that helps restaurant servers and bartenders earn well above minimum wage.
Free Speech Under Fire: How Restricting Employee Meetings on Unionization Prevents Workers from Making Informed Decisions
February 13, 2025 // I4AW’s report, “Free Speech Under Fire: How Restricting Employee Meetings on Unionization Prevents Workers from Making Informed Decisions,” provides a point by point rebuttal of the NLRB’s flawed claims as to why, in Amazon.com Services LLC, the NLRB incorrectly overruled its 1948 decision in Babcock & Wilcox Co., and held that an employer cannot compel employees to attend a “captive audience meeting.”
Republicans Should Support Workers — Not the Failed Union Model
February 6, 2025 // Senator Hawley’s proposal would prevent workers from hearing both sides before a unionization election, which they would need to make an informed decision. Employers would be prohibited from holding meetings with workers. Unions would also be able to force ambush elections, depriving workers of time to do their own research and make up their minds. And, like the PRO Act, the proposal would even give unelected federal bureaucrats the power to force union contracts on workers, employers, and even unions.
Legal Update: Three Major NLRB Updates Pose New Challenges for Employers
December 9, 2024 // Employers must remain diligent in staying abreast of these recent shifts in labor law and policy, especially on the cusp of an administration change. While GC Abruzzo’s term appears likely to end early in 2025, and the Board majority could flip in 2025 or 2026, the new Republican administration’s position on labor policy remains unclear, especially in light of the recent nomination of a pro-labor nominee to lead the Department of Labor.
DOL Making it Harder to Hire Independent Contractors
October 1, 2024 // The DOL’s test is just one of many. The IRS uses a “right-to-control” test, which is generally more business-friendly, focusing on whether the hiring firm controls how the work is done. In contrast, many states apply the strict ABC test, where a worker must: ⦁ be free from the company’s control, ⦁ work outside the usual course of the hiring firm’s business, and ⦁ be engaged in an independent business or trade.
Commentary: Union ‘neutrality agreements’ are a threat to employers’ free speech
October 27, 2023 // Federal agencies have begun to make adoption of these so-called agreements a condition for federal contractors. For example, the U.S. Environmental Protection Agency and the Department of Health and Human Services have pushed neutrality agreements on contractors. The Treasury Department has even hinted it may alter the tax code to funnel job creators into these agreements. Virginia companies receive over $72 billion in government contracts annually, the largest amount among all states. These contracts are responsible for tens of thousands of Virginia jobs. It’s not difficult to see these forced federal neutrality agreement requirements as a backdoor attempt to silence Virginia employers and organize their companies. If allowed, this would be another blow to Virginia’s rich history of workplace freedom.