By: Saman Haque and Cary Burke

Seyfarth Synopsis: Recently, an Administrative Law Judge (ALJ), issued a decision in two cases that create the opportunity for the National Labor Relations Act to have a more expansive view of what constitutes protected activity. The ALJ’s decision could also provide employees an expanded definition of protected activity by

By: Grayson Moronta, Glenn Smith, and Howard Wexler

Seyfarth Synopsis: On April 24, 2023, New Jersey Governor Phil Murphy, signed A4772/S3215, which addresses unemployment insurance (“UI”) benefits for workers during labor disputes, including strikes.

A4772/S3215 (the “Bill”) amends existing law, now allowing UI benefits to be distributed to workers during an employer lockout

 By: Marc R. Jacobs, Esq.

Seyfarth Synopsis: As the BLS reported more strikes in 2019, employers going into bargaining in 2020 should really consider preparing for the possibility of a work stoppage.

The federal Bureau of Labor Statistics issued its annual report of “major work stoppages” in 2019 and the data shows there were 25

By John Ayers-Mann

Seyfarth Synopsis: The NLRB has overturned a previous decision defining any employee’s protest in a group setting as protected concerted activity. In Alstate Maintenance, the Board has sought to adhere to the principles defining protected concerted activity set forth in the Meyers decisions.

The Board majority has shown no signs of

 By: Monica Rodriguez, Esq.

Seyfarth Synopsis: The NLRB suspends its request for briefing regarding potential changes to the construction industry bargaining relationship in light of Charging Party Union’s withdrawal of the underlying charge.

The review of whether to make changes to construction industry bargaining relationship has been put on hold. As Seyfarth reported, the

  By: Ashley Laken, Esq.

Seyfarth Synopsis: Millennials are an ever-growing portion of the workforce, and they generally have favorable views toward labor unions.  Employers would be well-advised to be attuned to this reality and they may want to consider developing and implementing strategies aimed at heading off union organizing before it starts.

According to a

By: Tiffany Tran, Esq.

Seyfarth Synopsis: In another signal that the Board may overturn the Obama Board’s decision in Purple Communications allowing employees to use their employer’s email systems to communicate about wages, hours, working conditions and union issues, the Board recently published a letter reiterating its decision to reconsider Purple Communications and invited

By Ashley Laken

Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a cocktail bar waitress was illegally fired for voicing workplace concerns during a staff meeting.

On April 26, 2018, in Parkview Lounge, LLC d/b/a Ascent Lounge, 366 NLRB No. 71, the National Labor Relations Board affirmed an NLRB administrative law judge’s ruling that

By:  Kyllan Kershaw & Kaitlyn Whiteside 

Seyfarth Synopsis: In Colorado Symphony Association, 366 NLRB No. 60 (April 13, 2018), the NLRB found that an employer had an obligation to disclose information related to individual overscale contracts because the request related to the union’s investigation of potential sex discrimination, a mandatory subject of bargaining.

By: Ashley Laken, Esq. & Brian Stolzenbach, Esq.

Seyfarth Synopsis: Although many employers may think they can let their guard down a little bit when it comes to the NLRB under the Trump Administration, history suggests otherwise. During the last Republican Administration, labor unions often decided to wage their battles outside the NLRB, using tactics