As the cannabis industry rapidly expands across the United States, a unique legal and regulatory landscape is taking shape. At the heart of this landscape is the intersection between state-mandated Labor Peace Agreements (“LPAs”), the National Labor Relations Board (“NLRB”), and the evolving relationship between employers and unions. With the NLRB currently lacking a quorum and federal preemption in question, employers and unions alike are navigating uncharted territory.
On July 31, 2025, Hood River Distillers, Inc. filed a petition for writ of certiorari imploring the Supreme Court to overturn a ruling of the D. C. Circuit. The D. C. Circuit had affirmed a National Labor Relations Board Ruling that Hood River had failed to comply with its bargaining obligations even though the Union had allegedly engaged in tactics to delay bargaining for over a year.
On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers and United Steelworkers, making it more difficult for employers to discipline employees for outbursts and similar misconduct while employees are engaged in protected concerted activity under Section 7 of the National Labor Relations Act (the “Act”).
As time has passed, nurses throughout the country have been pushing for legislation similar to what was passed in California, mandating minimum staffing requirements.
It is not often that the National Labor Relations Board (the “Board”) gives employers a heads-up before it makes broad, and often burdensome, changes, but a recently issued ALJ decision might be the exception to the rule. Earlier this year, an Administrative Law Judge issued a decision in Saint Leo University, Inc., 12-CA-275612 (2023) reinforcing how the National Labor Relations Act (the “Act”) is applied to religious educational institutions, however, the briefing in the case indicated how that application might change in the near future.
Jennifer Abruzzo, the General Counsel for the National Labor Relations Board issued a new memo, 23-02, over her concerns that electronic surveillance by employers is impairing employees’ ability to engage in protected concerted activity and keeping that activity confidential from their employer. GC Abruzzo refers to case law that is, for the most part, dated
On August 29, 2022, the NLRB issued its decision in Tesla, Inc., overruling precedent that allowed employers to enforce facially-neutral dress codes to prohibit wearing non-conforming attire, including union insignia and union logos. Now, employers must allow employees to wear union attire absent a showing of “special circumstances.”
The Labor Law Insider continues the discussion in this podcast episode with Tom Godar, Tom O’Day, Terry Potter and Rufino Gaytán on actions employers should take proactively to deter unions from garnering employee support in the workplace. Shifting social issues in and outside the workplace along with significant public support for labor unions subject all
The Labor Law Insider takes on the recharged union optimism and activity in this podcast episode. Moderator Tom Godar is joined by members of Husch Blackwell’s Labor Law team, Terry Potter, Tom O’Day, and Rufino Gaytán, to discuss the increase in public support for unions, recent changes in organizing activities by unions, and implications for
On June 10, 2021 OSHA issued a Healthcare Emergency Temporary Standard (ETS) to help address the circumstances surrounding occupational hazards existing in health care during the COVID-19 pandemic. The rule was published in the in the Federal Register and became effective on June 21. Employers must comply with most of the requirements set forth