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NLRB Gives Workers and Unions an Early Holiday Gift with Four Significant Pro-Employee Decisions

Last week was a busy one for the National Labor Relations Board (NLRB). The agency came out with four significant decisions that either expanded or protected employee rights on issues such as monetary remedies, the right to...more

NLRB Finds That Employers Do Not Have a Duty to Bargain Over Employee Discipline Before Entering Into a Collective Bargaining...

On June 23, 2020, the National Labor Relations Board (NLRB) upheld an employer's right to unilaterally discipline employees without any obligation to bargain about the decision with a newly-elected union if the parties have...more

Happy New Year, Employers! From Your Friends at the NLRB.

In December, the National Labor Relations Board (NLRB) issued a flurry of employer-friendly decisions. Management can toast the following end-of-year gifts and look forward to continuing success at the Board in the new year....more

NLRB General Counsel’s Office Says Uber Drivers are Independent Contractors

Uber drivers are “independent contractors” and not “employees” under the National Labor Relations Act (“NLRA”), according to an Advice Memorandum issued on May 14, 2019, by the Office of the General Counsel (“OGC”) of the...more

NLRB Overturns Obama-Era Independent Contractor Test

On January 25, 2019, the NLRB repealed the test devised by the Obama Board to determine whether an individual is an employee or an independent contractor under the National Labor Relations Act ("NLRA"). Critically, the NLRA...more

NLRB Proposes New Rule to Limit Joint Employer Liability

On Friday, September 14, 2018, the National Labor Relations Board (“NLRB”) announced a proposed rule, which, if adopted, would drastically reduce a company’s exposure as a “joint employer” under the National Labor Relations...more

Appellate Court holds NLRB Recess Appointments unconstitutional; status of hundreds of NLRB rulings in doubt

On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled that President Obama's January 2012 "recess" appointments to the National Labor Relations Board ("Board" or "NLRB") were unconstitutional because the...more

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