Jonathan Fritts

Jonathan Fritts

Morgan Lewis

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NLRB Vastly Expands Its Joint-Employer Standard

The Browning-Ferris decision overturns 30 years of precedent and opens up a wide variety of business relationships to allegations of joint-employer status, including staffing agencies, on-site contractors, outside suppliers,...more

8/28/2015 - Browning-Ferris Industries of California Inc. Collective Bargaining Franchisee Franchisors Hiring & Firing Joint Employers NLRA NLRB Right to Picket Secondary Boycott Staffing Agencies Unions Wage and Hour

NLRB Limits Confidentiality in Workplace Investigations

In two decisions issued on June 26, the National Labor Relations Board overruled its longstanding precedent holding that employers may withhold witness statements from requesting unions and further held that general policies...more

7/8/2015 - Confidential Employer Investigations Confidential Information Confidential Witnesses Internal Investigations NLRA NLRB Unions Witness Statements Work-Product Doctrine

NLRB Reaffirms 2012 D. R. Horton Decision

The decision holds that arbitration agreements with class and collective action waivers violate the National Labor Relations Act. On October 28, the National Labor Relations Board (NLRB or the Board) held fast to its...more

11/7/2014 - Arbitration Class Action Arbitration Waivers D.R. Horton v NLRB Federal Arbitration Act NLRA NLRB

U.S. Supreme Court Issues Historic Noel Canning Decision

The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and...more

6/27/2014 - Canning v NLRB NLRA NLRB Recess Appointments SCOTUS

D.C. Circuit Rules NLRB Recess Appointments Unconstitutional

The ruling places in substantial doubt the validity of any NLRB decision or action since January 4, 2012, and calls into question the scope of the president's recess appointment power more generally. On January 25, in...more

1/29/2013 - Barack Obama Canning v NLRB NLRB Political Appointments Pro Forma Sessions Recess Appointments

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