John Ring on Employer Liability Issues

NLRB Adopts Final Regulations to Restrict Employee Choice on Union Representation

The National Labor Relations Board (NLRB or Board) on August 1 published a new rule addressing three distinct situations affecting employees’ rights to decide whether they want union representation (New Rule). The New Rule...more

8/6/2024 / Construction Industry , Employer Liability Issues , NLRB , Unfair Labor Practices , Union Representatives , Unions

OSHA Issues Final ‘Walkaround Rule’ Giving Unions and Other Third Parties Access to Private Employer Worksites

A new rule from the US Occupational Safety and Health Administration (OSHA) affords unions, labor activists, and other third parties access to private worksites during workplace inspections....more

4/4/2024 / Employer Liability Issues , OSHA , Safety Inspections , Union Representatives , Unions , Workplace Safety

NLRB Extends Protection to Political and Social Justice Displays in the Workplace

The National Labor Relations Board (NLRB or the Board) recently expanded the types of messaging employees are permitted to display in the workplace when it ruled an employee’s Black Lives Matter uniform marking was protected...more

3/1/2024 / Employer Liability Issues , Employment Policies , NLRA , NLRB , Protected Concerted Activity

OSHA’s ‘Union Walkaround Rule’ Heads Toward Finalization Following Comment Period

A recent proposed rulemaking from the US Occupational Safety and Health Administration (OSHA) seeks to make it easier for unions and other third parties to gain access to private worksites, creating steep consequences for...more

11/20/2023 / Comment Period , Employer Liability Issues , NLRA , OSHA , Proposed Rules , Workplace Safety

NLRB and OSHA Announce Partnership Over Worker Safety Protections

The National Labor Relations Board (NLRB) and Occupational Safety and Health Administration (OSHA) executed a Memorandum of Understanding (MOU) on October 31 regarding a partnership designed to strengthen their efforts to...more

11/9/2023 / Employer Liability Issues , NLRA , NLRB , OSHA , Workplace Safety

New NLRB Rules Favor Mandatory Union Recognition & Limit Employee Voting in Secret-Ballot Elections

The National Labor Relations Board drastically changed the process for unions seeking recognition of most private sector employees in the United States. Abandoning 50 years of established law, in Cemex Construction Materials...more

8/28/2023 / Employer Liability Issues , NLRB , NLRB General Counsel , Unfair Labor Practices , Union Organizers , Unions

NLRB Adopts New Standard for Assessing Facial Lawfulness of Employer Work Rules

The National Labor Relations Board (NLRB or the Board), in a 3-1 decision on August 1, 2023, once again overruled existing precedent and declared that all employer work rules that reasonably could be read to restrict Section...more

8/9/2023 / Employee Handbooks , Employee Rights , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity , Section 7

NLRB Returns to Pre-2019 Independent Contractor Standard Making It Easier for Workers To Be Considered Employees

In The Atlanta Opera Inc., the National Labor Relations Board once again changed the standard for determining independent contractor status under the National Labor Relations Act, returning to its pre-2019 standard making it...more

6/22/2023 / Employee Definition , Employer Liability Issues , Independent Contractors , Misclassification , NLRB , Wage and Hour

NLRB General Counsel: Noncompete Agreements Violate Federal Labor Law

The US National Labor Relations Board’s (NLRB’s) general counsel issued guidance on May 30 announcing that noncompete provisions contained in many employment agreements violate the National Labor Relations Act unless narrowly...more

6/7/2023 / Employer Liability Issues , Federal Labor Laws , Labor Law Violations , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants

NLRB Returns to Liberalized Section 7 Protection for Workplace Misconduct Incidents

The National Labor Relations Board’s recent decision in Lion Elastomers reinstated setting-specific standards to assess how employers respond to employee misconduct, including potentially profane, discriminatory, and...more

5/5/2023 / Employee Misconduct , Employer Liability Issues , Employment Policies , NLRA , NLRB , Policies and Procedures , Section 7 , Title VII

New NLRB Guidance Sheds Light on McLaren Decision and Severance Agreements

National Labor Relations Board (NLRB or the Board) General Counsel (GC) Jennifer Abruzzo issued guidance on the Board’s recent decision regarding severance agreements. In McLaren Macomb, 372 NLRB No. 58, the Board found that...more

3/27/2023 / Confidentiality Agreements , Employer Liability Issues , Employment Policies , Hiring & Firing , NLRA , NLRB , NLRB General Counsel , Section 7 , Severance Agreements

Employer Alert: Commonplace Severance Agreement Clauses Violate Labor Law, NLRB Rules

The National Labor Relations Board (NLRB or the Board) issued a decision on February 21 in McLaren Macomb (372 NLRB No. 58) overruling precedent to hold that employers may not offer employees severance agreements containing...more

2/24/2023 / Employer Liability Issues , Hiring & Firing , NLRA , NLRB , Section 7 , Severance Agreements

Recent Developments in the NLRB’s Joint and Single Employer Doctrines

Highlights of recent developments relevant to all employers. The National Labor Relations Board (NLRB or Board) is poised to return to a Republican majority, which likely will result in a change in labor law philosophy....more

3/24/2017 / Browning-Ferris Industries of California Inc. , Collective Bargaining Agreements (CBA) , Employer Liability Issues , HealthBridge Management v. Kreisberg , Joint Employers , NLRB , State Labor Laws

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