Showing 3 posts by Brice C. Smallwood.
NLRB: Employers can bar nonemployee access to their facility's “public space” for promotional or organizational activity
The National Labor Relations Board (NLRB) recently issued a welcome decision that affords employers greater control over public areas (e.g., cafeterias or restaurants) located on their private property. In doing so, the NLRB overturned 38 years of dubious precedent. Employers now can prohibit nonemployee union representatives from engaging in promotional or organizational activity (e.g., solicitation and distribution) in their “public spaces” absent evidence of inaccessibility or activity-based discrimination – high burdens of proof for a union. UPMC and SEIU, 368 NLRB No. 2 (June 14, 2019). This decision will be applied retroactively. Read More ›
Fifty years ago, auto manufacturing plants were filled with thousands of people on large assembly lines. Flash forward to today and these same plants are filled with robots working alongside individuals, and in some cases, entirely replacing human workers. Read More ›
Ohio, like most states, has a law (O.R.C. 3796 et. seq.) permitting the use of medical marijuana. Ohio’s medical marijuana program was set to be fully operational as of September 8, 2018; however, the program was plagued by a number of setbacks and is only now getting started. This is likely good news for employers, who should take this extra time to ensure they understand how the law stands to impact their workplace and employment practices. Read More ›
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Brian F. Higgins is an associate in FBT's regulated business group with a focus on health care, and he has a history as corporate counsel to Medpace, Inc., a pharmaceutical clinical research organization.