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Jonathan J. Spitz is a principal in the Atlanta, Georgia, office of Jackson Lewis P.C. and co-leader of the firm’s Labor Relations practice group.

Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace. The memo also directs NLRB Regions to submit to the Division of Advice any cases involving intrusive or abusive electronic surveillance and algorithmic management

  1. The National Labor Relations Board has proposed reversing the current joint-employer standard, which took effect on April 27, 2020. The new rule would revert to the Obama-era standard for determining joint-employer status under the National Labor Relations Act. Under the proposed rule, entities may be deemed joint employers if they “share or codetermine those matters

Noting the employer did not have an employee code of conduct policy prohibiting the use of derogatory language, the National Labor Relations Board (NLRB) held an automotive dealership violated the National Labor Relations Act by wrongfully terminating a union employee for calling the owner a derogatory term during negotiations. Cadillac of Naperville, Inc., 371

Labor Day 2022 comes at an optimistic time for U.S. labor unions. Prior to the COVID-19 pandemic, representation petitions and elections were declining steadily. However, National Labor Relations Board (NLRB) election filings have increased by 58% in the first nine months of 2022, compared with the same time period in 2021, according to a Board

1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher than unionized employers for the 12-month period ending June 2022. Overall, total wage and benefit costs for private-industry firms increased 5.5%, but non-unionized

On August 29, 2022, the National Labor Relations Board (NLRB) issued a decision finding that absent special circumstances, employers may not enforce dress codes or uniform policies that interfere with employees’ right to display union insignia. 371 NLRB No. 131 (Aug. 29, 2022). The NLRB’s decision is a return to a more restrictive precedent for

The National Labor Relations Board clarified its rerun election procedures in cases of uncontested election misconduct. Dynamic Concepts371 NLRB No. 117 (July 22, 2022). After losing an election to represent the employer’s workers, the union filed objections alleging unlawful employer election conduct. The employer agreed to a rerun election, but the parties could

Strikes have been in the news recently. Employers faced with a strike, or a possible strike, often wish to know their legal options, including whether they may seek injunctive relief. The short answer is that federal law prohibits courts from enjoining employees’ exercise of their right to lawfully strike. However, courts may enjoin unlawful strike

The Build Back Better Act passed the House on November 19, 2021. It contains controversial provisions on many subjects, including new employer penalties under the National Labor Relations Act (NLRA). On December 11th, the Senate Committee on Health, Education, Labor, and Pensions released its version of the provisions of the Build Back Better bill on

The media has been covering the budget bill – the Build Back Better Act – which contains controversial provisions on many subjects. Among them are provisions that include new employer penalties under the National Labor Relations Act (NLRA).

The political roadblock on the bill is a probable Senate filibuster which would prevent passage. The Biden