As HR Legalist predicted when the National Labor Relations Board (NLRB) announced the proposed rule in September 2022, the pendulum of federal labor and employment law has once again swung in an employee-friendly direction....more
10/30/2023
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Control Test ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Unions
Over the past decades, standards for profanity, inappropriate social media use, and other workplace issues commonly addressed in employee handbooks have changed along with the political makeup of the National Labor Relations...more
As previously covered by HR Legalist, the National Labor Relations Board’s (“NLRB”) recent decision in McLaren v. Macomb ushered in a significant crackdown on non-disparagement and confidentiality provisions in employee...more
Last week, the National Labor Relations Board (NLRB) issued a Decision and Order that fundamentally alters the legality of nondisparagement and confidentiality clauses in employee severance agreements. ...more
March 2021 has been a busy month in Washington, D.C. In addition to the passage of the American Rescue Plan (which includes tax updates relevant to employers), there have been three notable developments in the labor and...more
3/19/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
NLRA ,
NLRB ,
Proposed Amendments ,
Tipped Employees ,
Trump Administration ,
Union Elections ,
Unions
Recent events in Washington D.C. and elsewhere have heightened tensions across the United States and led to renewed questions from employees and employers regarding how to respond to political speech inside (and outside) the...more
1/18/2021
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Employee Rights ,
Employer Rights ,
Employment Policies ,
Federal Labor Laws ,
First Amendment ,
Free Speech ,
Hate Speech ,
Insurrection ,
NLRA ,
Off-Duty Employees ,
Political Speech ,
Private Sector ,
Protests ,
Public Employers ,
State Labor Laws
Second in a Series of Blogs Regarding the Presidential Transition -
On Saturday, November 7, 2020, all major media outlets called the 2020 presidential election in favor of Joe Biden and Kamala Harris, and President-elect...more
The “gig economy” has prompted a nationwide debate about which workers should be deemed employees (and therefore entitled to certain rights and benefits under labor and employment laws) as opposed to independent contractors. ...more
6/6/2019
/ Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Lyft ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Uber ,
Unfair Labor Practices ,
Wage and Hour
As predicted by HR Legalist earlier this year, the new Republican-majority National Labor Relations Board (NLRB) has begun to reverse key labor rulings established during the Obama administration. On December 14, 2017, the...more
In my last post on HR legalist, I outlined the current state of the law regarding employee social media use. One trend I have been following is the National Labor Relations Board’s expansion of protections for employees who...more