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Under the FLSA, the NLRB Says Even "Non-Concerted" Activity Can Be Concerted

My colleagues and I have noted repeatedly over the past couple of years that the National Labor Relations Board takes a very expansive view of the National Labor Relations Act, even (and perhaps especially) when the case does...more

6/13/2014 - Class Action Employer Liability Issues FLSA Hiring & Firing NLRB Protected Concerted Activity Termination Unions Wage and Hour

NLRB Division of Advice Clarifies Duty to Bargain with Newly Certified Union over Discipline

Last week, the National Labor Relations Board’s Division of Advice issued a memorandum in which it clarified an employer’s duty to bargain with a newly certified union regarding the discipline of union-represented employees...more

6/4/2014 - Adverse Employment Action Collective Bargaining Employer Mandates NLRB Union Membership Unions

Revitalized National Labor Relations Board Sets An Aggressive Course

The National Labor Relations Board is now operating at full strength with five Board members who were properly nominated and confirmed. As a result, employers should expect increased activity as the Board seeks to make up for...more

3/4/2014 - NLRA NLRB Quickie Election Rules Union Elections Unions

NLRB Decisions Point To Potentially Weaker Beck Rights For Employee Objectors

Recently, the National Labor Relations Board (NLRB) took another step toward expanding the ability of unions to impose requirements and costs on nonmember objectors even as it found that the Communications Workers of America...more

7/17/2013 - Collective Bargaining Employee Rights NLRB SCOTUS Unions

Supreme Court Grants Review Of Whether Neutrality, Card Check Agreements Violate LMRA

Overshadowed by the Supreme Court’s decision to hear the National Labor Relations Board’s appeal of Noel Canning, the D.C. Circuit’s recess appointments ruling, the Supreme Court also granted certiorari in Mulhall v. UNITE...more

6/25/2013 - Card Check Agreements Collective Bargaining LMRA NLRB SCOTUS Unions

Department Of Labor Quietly Announces Impending Release Of New “Persuader Rules”

In June 2011, the U.S. Department of Labor (DOL) proposed new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force since...more

1/3/2013 - DOL Persuader Rules Unions

NLRB Changes Course Again, Invalidates 50 Years Of Precedent On Expired Collective Bargaining Agreements

Yesterday, the National Labor Relations Board announced a major reversal of policy, invalidating 50 years of precedent on an employer’s obligation to honor dues checkoff arrangements after the expiration of a collective...more

12/21/2012 - Collective Bargaining Dues Checkoff NLRB Union Dues Unions

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