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.
Category: Labor Management Relations
Bipartisan Push for Speedier Labor Agreements: Senators Unveil the Faster Labor Contracts Act
On average, it takes well over a year for an employer and a newly certified labor union to reach agreement on a first contract. Nonetheless, operationalizing the proposed truncated timelines will often prove difficult, and result in significant burden on employers. In this dynamic time of change at the NLRB and in federal labor law, it is essential that employers stay mindful and up-to-date on the changes and what they might ultimately mean for their businesses.
Updates From the Acting General Counsel and the Quorum-less National Labor Relations Board
Recent leadership changes at the National Labor Relations Board (NLRB), following the removal of key members by President Donald Trump, are sparking significant policy shifts. As the Board struggles with a lack of quorum, new challenges are emerging, including legal battles over the certification of union elections and the constitutionality of member removal protections. With a more employer-friendly approach under new leadership, the NLRB’s future direction could reshape labor law enforcement and business practices in the coming months.
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.
Top 10 Noncompete Developments of 2024
Without a doubt, 2024 was a roller coaster of a year for employers in the area of noncompete law, from an FTC attempted nationwide ban on most noncompete agreements, to continued state law action seeking to narrow the use of noncompete provisions, to a growing number of court decisions revealing deep frustration by judges asked to enforce overbroad post-employment restrictions. Employers looking to protect confidential information and customer goodwill through the use of noncompetition or nonsolicitation provisions should stay abreast of state law developments and review existing agreements to ensure they are narrowly tailored to address judicially recognized protectable interests.
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.