Manufacturers and those in the supply chain may have been watching as the federal courts and the National Labor Relations Board struggle to make sense out of widely different views of the “joint employer” standard.  Whatever result is ultimately reached will carry significant implications for manufacturers.  At stake?  When can a manufacturer be required

This week’s post is somewhat breathless because so much happened or is about to happen.  You may have thought the government has been closed for the past 35 days. But just like great magicians who get you to watch their right hand while their left hand is going about the business of the trick, the

James Madison groupies rejoice!  All others can share my confusion.

Called the “Father of the Constitution,” scholars credit Mr. Madison for his significant role in the fundamental design of the United States Constitution, where power was distributed between the states and the federal government, and power within the federal government was distributed among three

National Labor Relations Board General Counsel Peter Robb issued a June 6 memorandum outlining his views on the legality or illegality of handbook rules in light of recent Trump NLRB decisions.  That guidance, which can be found here, gives an overview of Robb’s interpretation of the law.

Robb’s guidance represents a radical shift away

Winston Churchill allegedly once said, “lovers of sausage and public policy should not watch either be made.”  Recent events at the National Labor Relations Board call that apt quote to mind.

In its zeal to overturn Obama-era precedent, the Trump N.L.R.B. seems to have stepped right into it – creating confusion and uncertainty for manufacturers

As has been our tradition, January is the time to predict the big developments in the coming year that will impact manufacturers.  In January 2017, notwithstanding my “Lawyer’s Shrug,” I predicted Congress was unlikely to raise the minimum wage, but states and cities would attempt to do so; the National Labor Relations Board would turn

Acting just days before the term of Chairman Phillip Miscimarra ended on December 16, the National Labor Relations Board issued four decisions overturning landmark cases that expanded employee and labor union protections.  In a single week, the NLRB returns to pre-Obama-Board standards and upends the apple cart.  Each case was decided on a strict, party-line

Effective January 1, 2018, employees of manufacturers working in New York State may be eligible for paid family leave.  The NY Paid Family Leave Law (“PFLL”) is both broader than and more narrow than the federal Family and Medical Leave Act.  The PFLL applies to all employees employed by private manufacturers and working in New

Readers of this space may recall my recent posts highlighting court and legislative changes to employment laws, regulations and policies affecting manufacturers.  See e.g. “‘Manufacturing’ Law: Courts Also Move to Fill the Void,” “INTERESTING UPDATE: ‘Manufacturing’ Law: Courts Join the States to Fill the Void,” and “The DOL Seeks

Some manufacturers may interpret the “Epic Fail” of Congress to repeal the Affordable Care Act as a sign of stability in the labor and employment landscape.  After all, one thing which the new Administration and Congressional Republicans had in common was their seven-year pledge to repeal “Obamacare.”  When compared to the divergent views on other