Had this law been enacted, Colorado would have joined Michigan as only the second state to recently repeal its right-to-work law. While Gov. Polis’ veto cannot be overridden since the legislative session is over, legislators have already indicated the bill will be reintroduced in the next session — a likely sign of things to come across the country as more states consider adopting their own laws to supplement the National Labor Relations Act.
Author: Ryan Funk
Pres. Trump Removes NLRB GC and Member, Testing Limits of Presidential Authority
On the heels of firing NLRB General Counsel Jennifer Abruzzo, Pres. Trump’s decision to remove Board Member Gwynne Wilcox is an unprecedented move that could hamper the National Labor Relations Board and draw swift legal challenges to test the longstanding removal protections recognized by the Supreme Court for independent federal agency heads. Removing Wilcox also leaves the Board with only two members, and the Supreme Court has held that absent its three-member quorum, the NLRB cannot execute its duties. These developments are sure to have a direct and immediate impact on federal labor law and labor-management relations, to which employers should pay close attention in this rapidly changing landscape.
To view the full alert, visit the Faegre Drinker website.
NLRB Withdraws Appeal of Joint Employer Rule Decision
Now that the NLRB has withdrawn its bid to keep the 2023 rule alive, what does this mean for employers? Likely, the NLRB is already looking at alternative methods to implement a similar standard either through new rule making or adjudications. In the interim, the standard now reverts to the 2020 rule, which requires an entity to actually exercise direct and immediate control over the terms and conditions of employment for a group of employees in order to be considered a joint employer.
To view the full alert, visit the Faegre Drinker website.
Key Takeaways From the 28th Annual Bernard Gottfried Labor Law Symposium
On October 19, 2023, Faegre Drinker Partner Ryan Funk gave remarks at the 28th Annual Bernard Gottfried Labor Law Symposium, which was sponsored by the National Labor Relations Board, the Wayne State Law School, and the State Bar of Michigan. In his remarks, Funk critiqued three recent changes to the National Labor Relations Board’s remedial scheme.
Thryv, Inc.
Discussing Thryv, Inc., Funk voiced his concern that the labor law community was growing out of touch with workers, employers, and the public, and changing remedies in ways that hurt the overall mission of the agency.
Continue reading “Key Takeaways From the 28th Annual Bernard Gottfried Labor Law Symposium”
The New Critical Importance of a Union Request for Recognition
What does it mean if a union makes a “demand for recognition,” or “request for voluntary recognition” to an employer? What does a union mean when it says it has a “showing of interest” or “proof of majority support” or “majority status,” or that it has been “designated as Section 9(a) representative by the majority of employees in an appropriate unit”?
These magic words are now of critical importance to employers and their employees due to a dramatic change the National Labor Relations Board (NLRB) announced on August 25, 2023, in how it interprets the National Labor Relations Act (NLRA).
Continue reading “The New Critical Importance of a Union Request for Recognition”
NLRB GC’s Latest Guidance Expands Restrictions to Noncompete Provisions
The General Counsel of the National Labor Relations Board (the Board) issued new guidance announcing her position that certain noncompete agreements violate the National Labor Relations Act. Citing McLaren Macomb, the General Counsel urged the Board to adopt her position regarding noncompete agreements, arguing that the Board already embraced a similarly restrictive standard for analyzing the lawfulness of severance agreements.
Continue reading “NLRB GC’s Latest Guidance Expands Restrictions to Noncompete Provisions”