The Retirement of Yard-Man

In this time of economic uncertainty and escalating health care costs, many employers are reconsidering promises of retiree medical benefits that were made when costs were not as high.  This issue, particularly as it arises in the context of collective bargaining, has been the subject of lively litigation across the country.  States in the Sixth […]

The NLRB Finalizes Its Controversial “Quickie Election” Rules

The National Labor Relations Board (the “Board”) recently voted, 3-2, to finalize its 2011 proposed regulations (the so-called “quickie election rules”), which are expected to dramatically change the union representation election process under the National Labor Relations Act.  The final rules, published in the Federal Register on December 15, 2014, remain as controversial today as […]

Use of Employees’ Names and Pictures in Company Marketing Materials—Is It Legal?

It is common today for businesses to feature the names and pictures of their employees in trade and advertising materials, including on their business and recruitment websites and in social media marketing.  While companies may assume this is harmless, the use of employees’ names and pictures for these purposes without their written consent could result […]

NLRB GC’s McDonald’s Ruling May Have “Super-Sized” Consequences

In an announcement that sent shockwaves through the business community this summer, the General Counsel of the National Labor Relations Board (“NLRB”) determined that McDonald’s, USA, LLC, the parent company of the McDonald’s franchise, was a “joint employer,” along with its franchisees, for purposes of liability under the National Labor Relations Act (“NLRA”) and, as […]