In a 6-3 decision, the U.S. Supreme Court ruled today that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on an employee’s sexual orientation and/or transgendered status. 
Continue Reading BREAKING: The U.S. Supreme Court Holds That Title VII Protects LGBTQ Employees

Virginia has enacted several new labor and employment laws that are poised to dramatically change the legal landscape for employers in Virginia, including enacting “ban the box” legislation for simple possession of marijuana. 
Continue Reading Virginia Enacts “Ban the Box” Legislation for Marijuana Possession Arrests, Charges, and Convictions

In a recent decision of first impression, the NLRB held that its contract coverage doctrine does not apply to changes to the terms and conditions of employment after the expiration of the parties’ collective bargaining agreement, unless the contract contained explicit language that the relevant provision would survive contract expiration. 
Continue Reading NLRB: Employer Right to Take Unilateral Action Under a Collective-Bargaining Agreement Does Not Survive the Expiration of the Agreement Absent Explicit Language to the Contrary

The Seventh Circuit recently held that district courts should not send court-authorized notice of pending FLSA collective actions to employees who are party to a mandatory arbitration agreement.
Continue Reading Seventh Circuit: Employees Covered by Arbitration Agreements Should Not Receive Notice of Pending FLSA Collective Actions

As we have previously reported, courts and the National Labor Relations Board (“NLRB”) have released a number of recent decisions favoring the enforceability of arbitration agreements in the employment context. It is now settled law that class-action waivers in arbitration agreements do not violate the National Labor Relations Act or infringe on employees’ Section 7 rights under the Act.  In a recent decision, the NLRB extended this holding to allow employers to implement arbitration programs—including those with class-action waivers—in direct response to litigation by its employees.


Continue Reading NLRB Allows Employers To Implement Mandatory Arbitration Programs In Direct Response To Being Sued

On September 20, 2019, the NLRB issued a notice of proposed rulemaking to exclude undergraduate and graduate students who perform paid work for private colleges and universities in connection with their studies from the definition of employee under the National Labor Relations Act.  The proposed rule would prevent undergraduate and graduate teaching assistants from unionizing or collectively organizing.
Continue Reading NLRB Issues Proposed Rule That Grad Students Cannot Unionize

The Seventh Circuit recently upheld a local ordinance in Grande Chute, Wisconsin that banned all private signs on public rights-of-way despite challenges from a local labor union. In 2014, the town of Grande Chute passed a zoning ordinance that banned all private signs on public rights-of-way.  Under the authority of the zoning ordinance, two town officials ordered a local chapter of the Construction and General Laborers’ Union to remove the labor union’s large, 12-foot inflatable rat, which, like other unions across the country, had become a longstanding feature of the Union’s strike tactics.  Specifically, the Union had placed the inflatable rat in a median across from a car dealership that it was targeting.
Continue Reading The Seventh Circuit Upholds City’s Ban on Union’s Inflatable Rat