In what is seemingly becoming an annual tradition, the National Labor Relations Board (the “Board” or the “NLRB”) wrapped up the year with a number of significant pronouncements. Among these actions were rulings narrowing...more
1/7/2020
/ Arbitration ,
Auer Deference ,
Collective Bargaining ,
Confidentiality Policies ,
Dues Checkoff ,
Email Policies ,
Internal Investigations ,
NLRA ,
NLRB ,
Purple Communications ,
Reversal ,
Section 7 ,
Unfair Labor Practices ,
Union Dues ,
Union Elections ,
Union Insignia ,
Unions
A sharply divided U.S. Supreme Court decided one of the most highly anticipated employment cases in recent years on May 21, 2018, holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (“NLRA”)...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Preemption ,
Savings Clause ,
SCOTUS ,
Section 7
Abandonment of Controversial Standards for Joint Employment and Review of Employer Policies Headline Slew of Changes -
Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor...more
1/10/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employment Policies ,
Joint Employers ,
NLRA ,
NLRB ,
Obama Administration ,
Protected Concerted Activity ,
Reversal ,
Section 7 ,
Social Media Policy ,
Trump Administration
In the U.S. National Labor Relations Board’s (NLRB) recent decision in Miller & Anderson, Inc., 364 NLRB No. 39 (July 11, 2016), the Board continued its expansion of the obligations of entities that do not directly employ...more
In a potentially game-changing decision in Browning-Ferris Industries of California, Inc., a three-member majority of the National Labor Relations Board (the “Board”) cast aside its long-standing joint employer test in favor...more
To bring their full financial and operational expertise to portfolio companies, private equity firms frequently adopt an active approach to overseeing their investments. However, the greater a firm’s involvement in the...more
In recent years, the National Labor Relations Board (the “Board”) has waged a campaign against what it considers to be “overbroad” employer confidentiality policies. In dozens of decisions, the Board and administrative law...more
In This Issue:
- Supreme Court to Address “Changing Clothes” under the FLSA
- First Appellate Court Decision on FLSA’s Nursing Mother Provision
- Courts Continue Trend in Favor of Class Waivers in Arbitration...more
2/22/2013
/ Arbitration Agreements ,
Breastfeeding ,
Class Action Arbitration Waivers ,
Discrimination ,
Doffing ,
Donning ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
NLRB ,
Passwords ,
Pregnancy ,
Pregnancy Discrimination ,
Protective Gear ,
Recess Appointments ,
Social Media