Thomas Y. Mandler

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Tom Mandler represents employers on a nationwide basis in the full spectrum of issues dealing with their employees, whether or not they are employed at-will, pursuant to an employment agreement, or represented by a union. A substantial portion of his practice is devoted to advising employers on how to maintain union-free status, including conducting supervisory training, union vulnerability audits, election campaigns, and defending unfair labor practice charges.

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Top Ten Myths About Unions

By Amy Moor Gaylord and Thomas Y. Mandler on Posted in Labor Relations
Many employers mistakenly assume that their workforce is not likely to be organized by a union. Maybe they assume that only factory workers and public employees are the most typical members of unions. Maybe they assume they are far removed from the flurry of activity and pro-union movement sweeping across the country.  Unfortunately, those assumptions … Continue Reading

Union Organizing Trends: Use of Technology and Social Issues

By Thomas Y. Mandler on Posted in Labor Relations
Union organizers are effectively using technology and capitalizing on prominent social issues to dramatically increase union organizing in the technology industry and elsewhere. No longer do union organizers have to meet employees face-to-face in their homes, their employer’s parking lot, or in a public gathering location such as in a restaurant or bar. The widespread … Continue Reading

Back to Pro-Labor: What Employers Can Expect From a Biden Presidency: Part II, Labor Relations Edition

By Amy Moor Gaylord, Thomas Y. Mandler and Akerman Law on Posted in Employment Counseling & Workplace Claims Prevention, Labor Relations
While the final results are not yet certified, it appears that we have a new president. Employers across the country, both union and non-union, are wondering what they can expect from a Joe Biden presidency when it comes to organized labor. The Biden campaign was not shy about its strong support for labor unions, and … Continue Reading

Navigating the NLRA in the Pandemic and Post-Pandemic Workplace: What Both Union and Nonunion Employers Need to Know

By Amy Moor Gaylord and Thomas Y. Mandler on Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Labor Relations, Whistleblower & Retaliation Claims
As shelter in place restrictions ease and U.S. workplaces begin to reopen, both union and nonunion employers may find themselves facing a host of new challenges. Employers may wonder what they should be doing to keep their employees safe at work. They may wonder what kinds of medical tests they can perform on employees before … Continue Reading

Three More Employer Holiday Wishes Granted By National Labor Relations Board

By Thomas Y. Mandler, Blog Admin and Akerman Law on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Employment Litigation, Labor Relations
The holiday cheer keeps coming from the National Labor Relations Board (NLRB) with the release of three new decisions favoring employers: (1) workplace policies covering confidentiality during workplace investigations are lawful; (2) employers can restrict employees’ use of emails for nonbusiness purposes; and (3) employers can stop deducting and remitting union dues after the expiration … Continue Reading

State of the “Unions”: 2018-2019

By Thomas Y. Mandler on Posted in Labor Relations
If there were a State of the “Unions” report, it would no doubt highlight unusual protests, increased organizing and widespread strikes in 2018, along with a forecast for a labor board likely to give more latitude to employers in 2019. Groups of employees protesting against the actions of their employers are not unusual. However, two … Continue Reading

Supreme Court Expands Interpretation of Overtime Exemption

By Thomas Y. Mandler on Posted in Employment & Consulting Contracts, Employment Counseling & Workplace Claims Prevention, Employment Litigation, Wage & Hour
Employers may have a bit more flexibility in determining which employees are exempt from overtime following a U.S. Supreme Court ruling issued this week that specifically rejected the decades-old principle that exemptions under the Fair Labor Standards Act (FLSA) should be “narrowly construed.” In a 5-4 decision, the Supreme Court ruled in Encino Motor Cars, … Continue Reading

New NLRB Decisions Favor Employers

By Thomas Y. Mandler on Posted in Labor Relations
With the change to a Republican President and the appointment of new NLRB members, the expectation that more pro-employer decisions will be issued has begun. Several NLRB decisions have re-established prior labor law precedents that were overturned by the Obama era NLRB.  A prime example of this is the recent decision involving Raytheon Network Centric … Continue Reading
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