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Supreme Court Declines Review of NLRB's Adjudicative Precedent Interpretation

Supreme Court Declines Review of NLRB's Adjudicative Precedent Interpretation

The U.S. Supreme Court has declined to review a petition in the case of Rieth-Riley Construction Co. v. NLRB. The employer, Rieth-Riley Construction Co., had argued that the Sixth Circuit Court of Appeals improperly allowed the National Labor Relations Board (NLRB) to reinterpret one of its own long-standing precedents without independently analyzing the precedent's original meaning. The case centered on the NLRB's 1958 decision in Retail Associates, which governs withdrawal from multiemployer bargaining units. Rieth-Riley contended that the NLRB effectively rewrote this rule by interpreting 'the agreed-upon date' for bargaining to begin as 'any agreed-upon date,' thereby allowing a union to withdraw even when no specific bargaining date had been set. The employer argued that this interpretation nullified part of the original rule and contradicted the text of the Board's own precedent, and that the Sixth Circuit wrongly deferred to the agency's reading.
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Teamsters Local 665 Files Federal Complaints Against Rodney Strong Vineyards Alleging Union Intimidation

Teamsters Local 665 Files Federal Complaints Against Rodney Strong Vineyards Alleging Union Intimidation

Teamsters Local 665, a union attempting to organize production workers at Rodney Strong Vineyards in Healdsburg, has filed two separate complaints with the National Labor Relations Board (NLRB) in September. The union alleges that the winery has engaged in intimidation tactics to discourage workers from signing union cards, including sowing fears of disciplinary action or dismissal. Max Bell Alper, executive director at North Bay Jobs with Justice, stated that union organizers claim the vineyard's hired consultant verbally discouraged workers and spread misinformation about federal immigration enforcement agents being nearby. Rodney Strong Vineyards, through spokesperson Christopher O’Gorman, has denied these accusations, calling them 'categorically false' and affirming the company's intent to comply with all applicable laws protecting employees' rights. The winery maintains that any unionization effort should proceed through a federally supervised secret-ballot election, rather than a card check process.
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Foley Lardner LLP Attorneys Co-Author Comprehensive Guide on AI and Technology in the Workplace

Foley Lardner LLP Attorneys Co-Author Comprehensive Guide on AI and Technology in the Workplace

Foley Lardner LLP Attorneys Co-Author Comprehensive Guide on AI and Technology in the Workplace
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Pennsylvania Whistleblower Law Protects Public Employees, Private Sector Relies on Federal Statutes

Pennsylvania Whistleblower Law Protects Public Employees, Private Sector Relies on Federal Statutes

Pennsylvania's Whistleblower Law (43 P.S. § 1421 et seq.) specifically protects public employees and those working for organizations that receive substantial public funding from retaliation for reporting wrongdoing or waste. This law requires a civil action to be filed within 180 days of the retaliatory act. For private-sector employees in Pennsylvania, protection against retaliation for reporting illegal activity primarily comes from a patchwork of federal statutes, such as Sarbanes-Oxley for securities fraud, the False Claims Act for fraud against the federal government, OSHA Section 11(c) for workplace safety complaints, and the Fair Labor Standards Act for wage and overtime issues. The Pennsylvania MCARE Act protects healthcare workers, and the Pennsylvania Human Relations Act and Title VII cover discrimination and harassment reports. Employees are advised to document observations on personal devices, preserve evidence, and report in writing, choosing the appropriate recipient for their report.
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Minnesota Supreme Court Affirms Hybrid Worker Compensation Claim, Broadening Coverage for At-Home Injuries

Minnesota Supreme Court Affirms Hybrid Worker Compensation Claim, Broadening Coverage for At-Home Injuries

The Minnesota Supreme Court, in an April 22, 2026 decision in *Ludwig v. Dakota County*, affirmed workers' compensation benefits for an employee injured at home while preparing for a hybrid work schedule. The employee was loading employer-provided equipment into her car to transport it to the office when she fell. The court ruled that the 'special-errand exception' applied, meaning the injury was considered to have occurred in the course of employment, despite happening at the employee's residence before her commute. This ruling clarifies that injuries sustained during tasks implicitly or explicitly required by an employer, such as transporting work equipment, can be covered under workers' compensation, even if they occur outside the traditional workplace.
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California Leads U.S. in Employee Digital Privacy Rights Amid Fragmented Federal Law

California Leads U.S. in Employee Digital Privacy Rights Amid Fragmented Federal Law

Workplace privacy law in the U.S. is currently fragmented, lacking a comprehensive federal framework. This absence means that individual states are responsible for enacting their own restrictions. In most states, employers typically retain ownership of internal corporate data and can utilize it for training models without requiring explicit employee consent. However, California stands out as the sole state that extends consumer data privacy rights to human resources and employee records through the California Consumer Privacy Act (CCPA). Under the CCPA, employees are classified as 'consumers,' granting them the right to request formal disclosure of collected data, correct inaccuracies, and demand the deletion of nonessential records. Furthermore, California Assembly Bill 1883 specifically prohibits workplace monitoring tools that employ artificial intelligence (AI) to gather neural data or identify an individual’s neural state. The emerging concept of 'employee digital twins' (EDTs), virtual representation...
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Kylie Jenner Faces Fourth Employee Lawsuit Alleging Workplace Abuse and Labor Violations

Kylie Jenner Faces Fourth Employee Lawsuit Alleging Workplace Abuse and Labor Violations

Kylie Jenner Faces Fourth Employee Lawsuit Alleging Workplace Abuse and Labor Violations
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Jackson Lewis Seeks Labor Of Counsel Attorney for Phoenix Office to Handle NLRB Cases

Jackson Lewis Seeks Labor Of Counsel Attorney for Phoenix Office to Handle NLRB Cases

Jackson Lewis Seeks Labor Of Counsel Attorney for Phoenix Office to Handle NLRB Cases
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Wynn Las Vegas Employee Files NLRB Complaint Alleging Surveillance and Retaliation Over Union Support

Wynn Las Vegas Employee Files NLRB Complaint Alleging Surveillance and Retaliation Over Union Support

Wynn Las Vegas Employee Files NLRB Complaint Alleging Surveillance and Retaliation Over Union Support
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Illinois Law Clarifies Employee Cannabis Use and Workplace Privacy Rights

Illinois Law Clarifies Employee Cannabis Use and Workplace Privacy Rights

Illinois law provides specific guidelines regarding employee cannabis use and workplace privacy. Under the Right to Privacy in the Workplace Act, employees are protected for legal activities conducted during their free time, including the legal use of cannabis outside of work hours. This means employees are not obligated to inform their employers about off-duty cannabis use. However, employers in Illinois retain the right to maintain a drug-free workplace. This allows them to discipline or terminate employees for using or possessing cannabis during work hours or on company property, provided these rules are enforced consistently and without discrimination. Employers can also implement reasonable drug-free workplace policies, which may include mandatory drug testing. A positive cannabis test alone does not automatically lead to termination; employment decisions must be based on actual impairment or failure to perform job duties due to cannabis use at work. For medical cannabis users, the situation is more c...
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AmTrust Affiliates Underwrite California Workers' Compensation Insurance

AmTrust Affiliates Underwrite California Workers' Compensation Insurance

AmTrust Affiliates Underwrite California Workers' Compensation Insurance
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Tech Workers Shift Union Strategy Amidst AI Threats and Employer Authoritarianism

Tech Workers Shift Union Strategy Amidst AI Threats and Employer Authoritarianism

Tech Workers Shift Union Strategy Amidst AI Threats and Employer Authoritarianism