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Author: Steven Mitchell Sack

New NLRB Ruling Affects Who May Be Considered an “Independent Contractor”

In a recent decision, the National Labor Relations Board (NLRB) has changed how determinations will be made to determine whether a worker is an independent contractor or not. In previous decisions, the NLRB has said that it would prioritize the entrepreneurial opportunities of a worker to determine whether they qualify as an independent contractor. In this decision, however, they have said they will look to a wide variety of factors to determine if someone qualifies for that classification.

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NY Senate Approves Ban on Non-Compete Agreements in Employment Contracts

The New York State Senate has voted to ban all non-compete agreements for employees in the state. The law, Bill No. S03100 would, if also approved by the New York State Assembly and signed into law, make it illegal for employers to write provisions in their contracts that would prevent employees from working with competitors in the same field or keep them from starting their own businesses. The goal of this law is to encourage competition and prevent employers from coercing their employees into working for them against their will.

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Unions Liable for Intentional Property Damage Against Employers

In a recent ruling, the Supreme Court of the United States has held that labor unions may be held liable for “intentional property damage” against employers during a strike. The court ruled that the National Labor Relations Act (NLRA) does not preempt tort claims made against the union for property that was intentionally damaged or destroyed during a strike. This is seen as a blow to many unions, who may now face legal liability from employers seeking to intimidate them into silence.

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EEOC Addresses Growth of AI Use in Employment Decisions

The Equal Employment Opportunity Commission has issued new guidance on the use of so-called “Artificial Intelligence” or AI software in making employment decisions. This guidance seeks to explain how this sort of software can be used in an employment context, and is meant to help employers learn how to use AI without running afoul of the law. Employers should be careful when using AI tools to respect labor and employment law, and to avoid infringing on the rights of workers.

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What is Collective Bargaining, and How Can it Help You?

Collective bargaining is one of the most essential tools that workers have to protect their legal rights. Through collective bargaining, workers have historically been able to fight for better compensation, better working conditions, and to fight against abuses by their employers. But what is collective bargaining, and how can it help workers to improve their working conditions and get them better pay?

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What Does It Mean To Go On Strike In America?

What Does It Mean To Go On Strike In America? 

If you have turned on the news or looked at the front page of the paper, I am sure you have heard about the Writer’s Guild of America (WGA) strike. Unions will go on strike for various reasons. The negotiation, reasons, and timing can vary, depending on the context of the terms that are being debated. With the WGA walking out on their jobs, it will affect those TV shows and films that are about to start or wrap up. You may have to wait to see what happens to your favorite characters until next fall. They definitely have the perfect timing for a strike, when so many loose ends are just about to be tied up until next season.

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WGA Goes On Strike Over Low Pay, Royalties

The Writers Guild of America (WGA) has gone on strike in protest against low wages and poor royalties throughout the film and television industries, which they say has made it nearly impossible for writers to make a living. In particular, they complain about a lack of royalties for “new media” such as streaming shows and movies, which they say they make almost no money from. In addition, there is increased suspicion towards the use of artificial intelligence (AI) as a replacement for writers and other artists, which they say may be used to devalue their work.

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Failure to Bargain in Good Faith Results in NLRA Violation for Meat Processor

The National Labor Relations Board (NLRB) has ruled that a meat processing company violated the National Labor Relations Act (NLRA) due to its persistent failure to bargain in good faith with its unionized workers. The NLRB noted that the employer repeatedly refused to consider even the smallest concessions to the Union, adhered to its own initial proposals without modifications, and that it did not even wait for the Union to make all of its proposals before rejecting them. As a result, the NLRB issued a variety of measures against the company for what it called “egregious and pervasive instances of bad-faith bargaining.”

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Seven Potential Signs of Racial Discrimination in Your Workplace

Racial discrimination is a pernicious and surprisingly common problem in workplaces throughout the United States. Even in companies that pride themselves on inclusivity and diversity, it is possible that you might become the victim of discriminatory action. That is why you should stay on the lookout for these seven potential signs of racial discrimination in your workplace:

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What Are the Benefits of Unionizing Your Workplace?

Over the past couple of years, unionization has become increasingly popular across the United States, with an estimated 200,000 employees joining unions in 2022 alone. However, not everyone understands what benefits a union can bring, and wonder if unionization might be appropriate for their workplace. So what are the benefits of unionizing your workplace?

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