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Jonathan J. SpitzBlog Posts

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  • Labor Day 2022 Shows Union Activity at Highest Level in Decades

    Labor Day 2022 comes at an optimistic time for U.S. labor unions. Prior to the COVID-19 pandemic, representation petitions and elections were declining steadily. However, National Labor Relations Board (NLRB) election filings have increased by 58% in the first nine months of 2022, compared with the same time period in 2021, according to a Board... Continue Reading
    September 15, 2022
  • Top Five Labor Law Developments for August 2022

    1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher than unionized employers for the 12-month period ending June 2022. Overall, total wage and benefit costs for private-industry firms increased 5.5%, but non-unionized... Continue Reading
    September 9, 2022
  • NLRB Rules Employers Cannot Restrict Employees’ Right to Display Union Insignia

    On August 29, 2022, the National Labor Relations Board (NLRB) issued a decision finding that absent special circumstances, employers may not enforce dress codes or uniform policies that interfere with employees’ right to display union insignia. 371 NLRB No. 131 (Aug. 29, 2022). The NLRB’s decision is a return to a more restrictive precedent for... Continue Reading
    September 8, 2022
  • Top Five Labor Law Developments for July 2022

    The National Labor Relations Board clarified its rerun election procedures in cases of uncontested election misconduct. Dynamic Concepts, 371 NLRB No. 117 (July 22, 2022). After losing an election to represent the employer’s workers, the union filed objections alleging unlawful employer election conduct. The employer agreed to a rerun election, but the parties could not agree on... Continue Reading
    September 1, 2022
  • Alabama Court Temporarily Enjoins All Picketing in Mine Workers Strike

    Strikes have been in the news recently. Employers faced with a strike, or a possible strike, often wish to know their legal options, including whether they may seek injunctive relief. The short answer is that federal law prohibits courts from enjoining employees’ exercise of their right to lawfully strike. However, courts may enjoin unlawful strike... Continue Reading
    December 13, 2021
  • Build Back Better Act Update: Committee Releases Labor Provisions for Inclusion in Senate Vote

    The Build Back Better Act passed the House on November 19, 2021. It contains controversial provisions on many subjects, including new employer penalties under the National Labor Relations Act (NLRA). On December 11th, the Senate Committee on Health, Education, Labor, and Pensions released its version of the provisions of the Build Back Better bill on... Continue Reading
    December 13, 2021
  • UPDATE House Passes Build Back Better Bill Retaining Heavy New Penalties for Employer NLRA Violations

    The media has been covering the budget bill – the Build Back Better Act – which contains controversial provisions on many subjects. Among them are provisions that include new employer penalties under the National Labor Relations Act (NLRA). It appeared that some of the most aggressive of those penalties would not reach the final bill voted on... Continue Reading
    November 22, 2021
  • Build Back Better Reconciliation Bill Includes Heavy New Penalties for Employer Violations of NLRA

    The media has been covering the budget bill – the Build Back Better Act – which contains controversial provisions on many subjects. Among them are provisions that include new employer penalties under the National Labor Relations Act (NLRA). The political roadblock on the bill is a probable Senate filibuster which would prevent passage. The Biden... Continue Reading
    October 29, 2021
  • GC Abruzzo’s Aggressive Remedial Agenda Begins

    On October 8, 2021, the National Labor Relations Board (NLRB) West Los Angeles regional office issued an unfair labor practice (ULP) complaint against the Daily Grill for allegedly violating section 8(a)(5) of the National Labor Relations Act (NLRA) by engaging in a pattern of delay intended to frustrate the bargaining process, according to the NLRB... Continue Reading
    October 19, 2021
  • NLRB General Counsel Instructs Regions to Seek Enhanced Penalties NOW

    As we discussed in our recent report on National Labor Relations Board General Counsel (“GC”) Jennifer Abruzzo’s August 12th agenda for the direction of NLRB case law, employers should be ready for an aggressive expansion of remedies that the NLRB will seek. In the short time since the GC’s memorandum was published, NLRB Chairman McFerran... Continue Reading
    September 10, 2021

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