The Labor Law Insider

Labor Law Insider host Tom Godar engages in a lively discussion with guests Trecia Moore , Megann McManus , and Terry Potter regarding remedies in matters involving unfair labor practice charges. The centerpiece of our discussion is Thryv, Inc. v. National Labor Relations Board , a recent case in which the Fifth Circuit Court of Appeals took up questions relating to a National Labor Relations Boar...

Labor Law Insider host Tom Godar continues his engaging conversation with Insiders Mary-Ann Czak and Terry Potter as they assess the challenges employers face from numerous recent policy reversals offered by the National Labor Relations Board. Mary-Ann and Terry work through real-life scenarios in light of these changes, which now force employers to rethink how they approach drafting policies and...

Labor Law Insider host Tom Godar challenges his guests, Mary-Ann Czak and Terry Potter , with real-life scenarios gathered from client interactions over the past several months. These scenarios help highlight the fundamental shifts that have taken place under the Biden administration’s National Labor Relations Board, forcing employers to change their disciplinary analysis in so many different circ...

In part two of the discussion regarding the successful unionization of the Dartmouth University men’s basketball team, our labor law insiders Tyler Paetkau and Jason Montgomery , along with host Tom Godar , offer analysis and predictions for the next round of play for more athlete power.   Who will be the winner in this battle over the spoils of the trillion-dollar industry that is college athleti...

Legendary basketball player Magic Johnson said, “The only thing that matters is the score.” Well, the score is 13 to 2, considering the votes for a union representing the Dartmouth College men’s basketball team. For college basketball hounds, it’s tournament time, but for the NCAA, it is a strange turn of events. Dartmouth, an Ivy League bench warmer in men’s basketball, has not played an NCAA Tou...

This episode of the Labor Law Insider concludes our discussion on the changes wrought by the National Labor Relations Board (NLRB) in 2023 and their implications for employers in 2024 and beyond. Adam Doerr and Rufino Gaytán join host Tom Godar to offer their thoughts on NLRB decisions that prohibit the inclusion of confidentiality provisions in release agreements.  They also provide insight into...

Labor Law Insider veterans Adam Doerr and Rufino Gaytán join host Tom Godar to discuss the impact of the National Labor Relations Board’s 2023 decisions. How does the Cemex decision, encouraging union representation without elections, fit in with the many other changes wrought by the NLRB in the past year? The discussion focuses on the much-narrowed pathway for employers to negotiate in 2024 regar...

Husch Blackwell partners Tom O’Day and Tyler Paetkau join Labor Law Insider host Tom Godar in Part II of this discussion of the impact of new Cemex decision by the NLRB . Suddenly, minor violations of the National Labor Relations Act—or even a single violation—could result in an order forcing recognition of a union without the union ever achieving majority status in a secret ballot election. The I...

In Part One of this discussion, Husch Blackwell partners Tom O’Day and Tyler Paetkau join Labor Law Insider Host Tom Godar to analyze the NLRB’s Cemex decision, which announced a radical new framework for determining when employers are required to bargain with unions without a representation election. Nearly any unfair labor practice—and certainly a series of even minor ULPs committed during an el...

In this episode of the Labor Law Insider, attorneys Adam Doerr , Trecia Moore , and host Tom Godar continue their discussion of decertification petitions, focusing on some of the practical implications related to decertification efforts, including: Employees who are frustrated with their union representative may be stymied by the complex decertification process, and the specific and detailed requi...

In this episode of the Labor Law Insider, our host, Tom Godar , is joined by Husch Blackwell attorneys Adam Doerr and Trecia Moore to discuss union decertification. In 2022 there were approximately 1,700 petitions for election filed before the NLRB, and about 300 of these were filed by employees to decertify their bargaining unit representative. Over 300 Starbucks elections have resulted in union...

Labor Law Insider host Tom Godar continues to explore the nexus of labor issues and higher education with veteran labor lawyer Tyler Paetkau of Husch Blackwell’s Labor & Employment group and Jason Montgomery a member of Husch Blackwell’s Higher Education group and a former NCAA investigator. Together they review NLRB General Counsel Abruzzo’s guidance regarding higher education and the Northwester...

Host Tom Godar is joined by two special guests, Tyler Paetkau and Jason Montgomery , for a special Higher Education edition of the Labor Law Insider. In this first part of a two-part podcast, the panel takes on two recent and hugely important U.S. Supreme Court decisions, Biden v. Nebraska Loan and Students for Fair Admissions v. Harvard College . The first case deals with student loan forgiveness...

In this episode, the second of two, host Tom Godar and guest Rufino Gaytán continue to discuss the impact of the National Labor Relations Board’s Lion Elastomers  decision , allowing problematic behavior to be wrapped in the cloak of protected behavior. Rufino offers insight on the application of this decision to non-unionized employers and steps to be taken to decrease the chances that a claim fo...

Host  Tom Godar and his guest  Rufino Gaytán tackle the newly expanded protections offered employees under the National Labor Relations Board’s  Lion Elastomers  decision , published May 1, 2023. As part of the ping-pong effect of a Biden-appointed Board following a Trump-appointed Board following an Obama-appointed Board, employee protections for violations of employer’s policies that were previo...

In the second installment of this two-part Labor Law Insider podcast, attorneys Terry Potter and Tom O’Day join host Tom Godar to discuss the impact of the National Labor Relations Board decision of McLaren Macomb , as well as the new General Counsel Memorandum (GC 23-05) interpreting that decision. As a result, employers need to review their employment-related non-disclosure and non-disparagement...

The Labor Law Insider invites two experienced counsel, attorneys Terry Potter and Tom O’Day , to explore the implications of the National Labor Relations Board’s decision in McLaren Macomb , issued in late February, as well as the even broader general counsel memorandum sharply curtailing employer rights to insist upon non-disclosure and non-disparagement in severance agreements. In part one of th...

Host Tom Godar welcomes Husch Blackwell partner Anne Mayette to part two of this Labor Law Insider podcast. Anne is deeply engaged in counseling employers regarding employment and labor activity and defends employers in litigation as well. From these experiences she has deep and important insights into the workplace. Anne shares a number of these insights regarding employment engagement, particula...

The Labor Law Insider (LLI) podcast welcomes Husch Blackwell partner Anne Mayette on her inaugural trip to the LLI microphone. Anne, who practices out of the firm’s Chicago office, is a seasoned labor and employment lawyer, and joins host Tom Godar to discuss union activity in the manufacturing and related sectors. This is an expansion on the discussion of employment and labor issues in the extens...

In part two of our Labor Law Insider podcast regarding New Year’s resolutions for maintaining a union-free workplace, T om Godar once again welcomes Rufino Gaytán . In part one, Rufino supported the resolutions that employers offer training to first- and second-line supervisors and provide financial, management, and market information to hourly employees. Adopting these resolutions are important s...

Tom Godar , host of the Labor Law Insider, welcomes Labor Law Insider alumnus Rufino Gaytán to kick off 2023. In a time when union activism is on the rise and employers are increasingly being targeted for union organization campaigns, the Labor Law Insider proposes resolutions which every employer can adopt to continue a positive pro-employee relationship and thereby making union organization irre...

Host Tom Godar continues his discussion with partners Tyler Hibler and Tracy Wolf of Husch Blackwell as they discuss anticipated changes to joint employer standards by the National Labor Relations Board: Department of Labor Proposes New Rule to Distinguish Independent Contractors from Employees | Labor and Employment Law Insights . The discussion also takes us into the alphabet soup of the NLRB an...

Husch Blackwell's Tom Godar of the Labor Law Insider welcomes two new experts as they discuss the shifting standards for joint employer status and the significant impact they can have upon employers, both union and union-free. Tyler Hibler, a labor and employment expert with significant litigation experience, shares his insights from the Husch Blackwell Kansas City office, while Tracy Wolf , a par...

In Part II, Husch Blackwell's Labor Law Insiders Tyler Paetkau and Olga Savage continue their discussion with host Tom Godar regarding the shifting standards applied by the National Labor Relations Board to traditional employment policies. In this episode, the Insiders discussed the blueprint for these pro-labor changes. In this concluding podcast, our Insiders discuss specific policies that might...

Labor Law Insider host Tom Godar welcomes two new Labor Law Insiders as they discuss the shifting standards applied by the National Labor Relations Board (NLRB) to traditional employment policies found in almost every employee handbook, including social media policies. Tom is joined by two new California-based Husch Blackwell attorneys, Tyler Paetkau and Olga Savage . These experienced labor couns...