The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.
Labor Law (Private Sector)
NLRB (for now) Bans Employer Threats to Eliminate Meetings Addressing Employee Concerns
December 4, 2024 by
Andrew Baker
The Biden Board has issued a decision barring employers from threatening employees during an organizing campaign that if they unionize the employer will no longer address their individual grievances. The decision in Starbucks (Nov. 8,… Read More
2024 Legislative Update, Part Two: New Workplace Violence and Labor Code Enforcement Laws
February 1, 2024 by
Beeson Tayer & Bodine
Workplace Violence Prevention (SB 553) By: Peter McEntee Part 1: As of January 1, 2025, this bill allows collective bargaining representatives to initiate a request for a workplace temporary restraining order on behalf of… Read More
NLRB Trims Employer Right to Take Unilateral Action
September 25, 2023 by
Andrew Baker
In another case overturning a Trump NLRB decision that deviated from established law, the Board has issued a decision eliminating employer reliance on past practices that involve discretion as a defense to unilateral action. The… Read More
NLRB Restores Broad Test for Determining when Individual Action is “Concerted Activity”
September 18, 2023 by
Andrew Baker
In one of several decisions released August 31st overturning decisions issued by the Trump NLRB that deviated from established precedent, the Board in Miller Plastic Products returned to the long-established test, “based on the totality… Read More
NLRB Restores Vigorous Standard for Vetting Employer Work Rules
August 14, 2023 by
Andrew Baker
The NLRB has thrown out another Trump-era, pro-employer rule that departed from a long-established standard. The rule at issue here determines whether ambiguous employer rules on their face unlawfully interfere with employee Section 7 rights…. Read More
NLRB Reverses Trump Board Independent Contractor Standard
July 17, 2023 by
Beeson Tayer & Bodine
The Biden NLRB issued an important decision in June restoring an earlier, more worker-friendly test for distinguishing between employees, who are covered by the NLRA, and independent contractors, who are not. In FedEx Home… Read More
NLRB Restores Historic Protections for Workers Engaged in Section 7 Activity
May 25, 2023 by
Beeson Tayer & Bodine
On May 1, 2023, the NLRB issued a decision that reverses a horrible Trump Board decision from 2020 and restores traditional standards applicable to discipline or discharge of workers who engage in offensive or abusive… Read More
NLRB OK’s Use of Drive Cams – But Not to Spy on Union Activists
May 2, 2023 by
Lorrie Bradley
In a recent case, the NLRB decided that an employer’s use of an in-cab surveillance camera to observe a driver while on his lunch break was an unfair labor practice. In Stern Produce Company, an… Read More
NLRB Reinstates Rule Barring Overly Restrictive Severance Agreements
March 10, 2023 by
Beeson Tayer & Bodine
On February 21, 2023, an NLRB majority overturned a pair of Trump-era rulings that made it easy for employers to use severance agreements to limit the legally protected union rights of former employees. In their… Read More
NLRB Reinstates Specialty Healthcare Making it Easier to Organize Smaller Units
February 6, 2023 by
Angela Yahaira Breining
On December 14, 2022, the NLRB issued an important decision reinstating an Obama-era standard for determining the appropriateness of smaller bargaining units. In American Steel Construction, the Board overturned Trump-era decisions that set a high… Read More
NLRB (for now) Bans Employer Threats to Eliminate Meetings Addressing Employee Concerns
December 4, 2024 by Andrew Baker
The Biden Board has issued a decision barring employers from threatening employees during an organizing campaign that if they unionize the employer will no longer address their individual grievances. The decision in Starbucks (Nov. 8,… Read More
2024 Legislative Update, Part Two: New Workplace Violence and Labor Code Enforcement Laws
February 1, 2024 by Beeson Tayer & Bodine
Workplace Violence Prevention (SB 553) By: Peter McEntee Part 1: As of January 1, 2025, this bill allows collective bargaining representatives to initiate a request for a workplace temporary restraining order on behalf of… Read More
NLRB Trims Employer Right to Take Unilateral Action
September 25, 2023 by Andrew Baker
In another case overturning a Trump NLRB decision that deviated from established law, the Board has issued a decision eliminating employer reliance on past practices that involve discretion as a defense to unilateral action. The… Read More
NLRB Restores Broad Test for Determining when Individual Action is “Concerted Activity”
September 18, 2023 by Andrew Baker
In one of several decisions released August 31st overturning decisions issued by the Trump NLRB that deviated from established precedent, the Board in Miller Plastic Products returned to the long-established test, “based on the totality… Read More
NLRB Restores Vigorous Standard for Vetting Employer Work Rules
August 14, 2023 by Andrew Baker
The NLRB has thrown out another Trump-era, pro-employer rule that departed from a long-established standard. The rule at issue here determines whether ambiguous employer rules on their face unlawfully interfere with employee Section 7 rights…. Read More
NLRB Reverses Trump Board Independent Contractor Standard
July 17, 2023 by Beeson Tayer & Bodine
The Biden NLRB issued an important decision in June restoring an earlier, more worker-friendly test for distinguishing between employees, who are covered by the NLRA, and independent contractors, who are not. In FedEx Home… Read More
NLRB Restores Historic Protections for Workers Engaged in Section 7 Activity
May 25, 2023 by Beeson Tayer & Bodine
On May 1, 2023, the NLRB issued a decision that reverses a horrible Trump Board decision from 2020 and restores traditional standards applicable to discipline or discharge of workers who engage in offensive or abusive… Read More
NLRB OK’s Use of Drive Cams – But Not to Spy on Union Activists
May 2, 2023 by Lorrie Bradley
In a recent case, the NLRB decided that an employer’s use of an in-cab surveillance camera to observe a driver while on his lunch break was an unfair labor practice. In Stern Produce Company, an… Read More
NLRB Reinstates Rule Barring Overly Restrictive Severance Agreements
March 10, 2023 by Beeson Tayer & Bodine
On February 21, 2023, an NLRB majority overturned a pair of Trump-era rulings that made it easy for employers to use severance agreements to limit the legally protected union rights of former employees. In their… Read More
NLRB Reinstates Specialty Healthcare Making it Easier to Organize Smaller Units
February 6, 2023 by Angela Yahaira Breining
On December 14, 2022, the NLRB issued an important decision reinstating an Obama-era standard for determining the appropriateness of smaller bargaining units. In American Steel Construction, the Board overturned Trump-era decisions that set a high… Read More
