Christopher Foster
Subscribe to Christopher Foster's PostsChris Foster advises leading companies and wealthy families in labor and employment matters.
Chris has extensive experience handling union organizing and decertification campaigns, unfair labor practice investigations, trials and appeals. He provides strategic planning on the addition and divesting of unionized operations and rapid response tactics to economic warfare (e.g., strikes, pickets and pressure campaigns).Read Chris Foster's full bio.
Heightened Labor Scrutiny Looms Over Workplace Rules
By Christopher Foster and Marjorie C. Soto Garcia on Feb 12, 2024
Posted In Employment, Labor
A recent National Labor Relations Board decision will likely expose a broader range of workplace rules to regulator enforcement. According to this HR Dive article, introducing even ordinary workplace rules during unionization could draw new scrutiny. However, as Christopher Foster and Marjorie C. Soto Garcia explain, there are steps employers can take to mitigate risk....
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Managing Your Workforce During Market Volatility: Labor and Union Issues
By Christopher Foster, Todd Solomon and Marjorie C. Soto Garcia on Jan 24, 2024
Posted In Employment, Labor
Corporate transactions and investments involving union issues require concrete analysis of risk, contingencies and game plans. In a January 31, 2024, webinar, McDermott’s Labor and Employee Benefits Groups will focus on practical steps and strategies to successfully navigate and evaluate key considerations for transactions involving unionized businesses. Discussion topics include: Union notice and bargaining triggers Successorship,...
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NLRB Makes Joint Employment the Rule, Not the Exception
By Christopher Foster, Marjorie C. Soto Garcia, Sandra M. DiVarco and Alexander Randolph on Dec 19, 2023
Posted In Employment
The National Labor Relations Board has changed its joint-employer rule, making it easier for entities doing business with each other to be deemed joint employers. The new rule goes further than any earlier joint-employer standard in two ways: (1) by making clear that indirect (or even unexercised) control is sufficient to prove joint-employer status, and...
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NLRB Undercuts Work Rules and Policies for Unionized and Nonunionized Employers
By David Beach, Marjorie C. Soto Garcia and Christopher Foster on Sep 27, 2023
Posted In Employment, Labor
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NLRB Attacks Non-Disparagement and Confidentiality Clauses in Employee Releases, Severance Agreements
By Christopher Foster, Marjorie C. Soto Garcia and P. Kevin Connelly on Mar 14, 2023
Posted In Employment, Labor
Employers, especially in the context of workforce reductions, may provide departing employees with severance agreements in exchange for a release. Those agreements often include non-disparagement clauses and confidentiality clauses regarding the terms and the amount of the agreement. On February 21, 2023, in McLaren Macomb, the National Labor Relations Board held that such clauses infringe on employees’...
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VIDEO: The COVID Vaccine – Understanding What’s Next
By Chris Braham, Christopher Foster and Michelle S. Strowhiro on May 12, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
Employers have questions about the COVID-19 vaccine and how to update their employment policies. In this video, McDermott partners, Chris Braham, Chris Foster and Michelle Strowhiro answer questions about vaccine requirements in the workforce, additional considerations and more. Access the video.
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Labor Relations Could See Changes under Biden
By Christopher Foster on Nov 10, 2020
Posted In Employee Benefits, Labor
As the US election cycle begins to wind down, labor stakeholders say one thing is clear: Labor relations across the nation could see big changes under Democratic president-elect Joe Biden. In a recent article by the Daily Journal, McDermott partners Ron Holland and Chris Foster discuss the impacts a Biden presidency could have on the...
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Employers Grapple with Workers’ Off-Duty Behavior
By Christopher Foster and McDermott Will & Emery on Oct 8, 2020
Posted In Employment, Health and Welfare Plans, Labor
Employees gathering with friends, expressing their political views and posting about these things on social media have created for employers an increasingly urgent question: When the people engaging in unsafe or politically charged behavior are your employees, and the conduct happens off the clock, is it appropriate or even possible to discipline them? Access the...
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