Category Archives: Unions

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2019 Mexican Federal Labor Law Amendment

On May 1, 2019, Mexico’s Federal Official Gazette published a decree setting forth major amendments to Mexico’s Federal Labor Law (FLL) (Decree). The Decree follows and articulates the February 2017 amendment to the Federal Constitution that, among other things, (i) confirmed union freedom and confidential voting by union members, (ii) set forth the creation of … Continue Reading

Rising Salary Levels Governing Fair Labor Standards Act’s ‘White Collar’ Exemptions May Lift Union Votes

Since March 14, 2016, when the Department of Labor (DOL) transmitted its final rule to the Office of Management and Budget (OMB) increasing the salary required to qualify for the “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA), employers have been encouraged to start planning to ensure compliance.1 Whether these regulations will … Continue Reading

Get Ready for Even Quicker ‘Quickie’ Elections—NLRB Abandons Requirement for Signed Authorization Cards

As we’ve previously reported, on April 14, 2015, the National Labor Relations Board (NLRB or Board) implemented new union election rules (Election Rules), which made significant changes to the Board’s procedures for processing election petitions, holding hearings, and conducting secret-ballot elections. Most significantly, the Election Rules paved the way for union elections to be held … Continue Reading

NLRB Expands Joint Employer Standard in Browning-Ferris Decision

Recently, the National Labor Relations Board made sweeping changes to its “joint employer” standard, announcing a new test that will surely lead to more findings of joint employment relationships under the National Labor Relations Act. Under the new standard announced in Browning-Ferris Industries, a company is a joint-employer if it exercises “indirect control” over working conditions … Continue Reading

Court Upholds NLRB’s ‘Quickie’ Election Rules

As we previously reported, on April 15, 2015, the National Labor Relations Board implemented new union election rules (Election Rules) that made sweeping changes to the Board’s proceedings for processing election petitions, holding hearings, and conducting secret-ballot elections. At the time the Election Rules took effect, legal challenges to the Election Rules were pending in … Continue Reading

New Union Election Rules in Effect as of April 14, 2015

On April 14, 2015 the National Labor Relations Board’s (NLRB) new union election rules (Election Rules) went into effect. As discussed in a prior GT Alert, the NLRB adopted the new rules by a 3-2 vote with the two Republican NLRB members dissenting. As outlined below, the Election Rules make significant changes to the Board’s … Continue Reading

NLRB To Revisit Use of Company Email in Union Organizing

In May, this blog discussed the National Labor Relations Board (the Board or NLRB)’s potential targeting of policies regulating employee use of company email for non-business purposes. In inviting the filing of amicus briefs on the issue, (Purple Commc’ns, Inc., NLRB, No. 21-CA-95151, invitation to file briefs 5/1/14), the Board signaled that it may overturn … Continue Reading

NLRB To Revisit Use of Company E-Mail Accounts in Union Organizing and Personal Use

The National Labor Relations Board (the “Board” or “NLRB”) under The President has broadly interpreted the protections afforded under Section 7 of the National Labor Relations Act (the “Act”).  Section 7 gives employees the right to engage in concerted activity for mutual aid and protection and to form, join or assist labor unions.  Employees also … Continue Reading

GT Alert — Student-Athletes or Statutory Employees?

In a closely-watched decision, a Regional Director for the National Labor Relations Board ruled on March 26, 2014 that football players receiving scholarships at Northwestern University are “employees” and eligible to unionize. This landmark decision marks a potential change in Board law that could possibly alter the landscape of union organizing; at least regarding private … Continue Reading
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