News & Analysis as of

The National Labor Relations Act

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -

Can NFL Players Be Fired, Disciplined For Protesting During National Anthem?

by Jackson Lewis P.C. on

President Donald Trump has suggested that the National Football League’s television ratings decline was caused by “fans seeing those people (players) taking the knee when they’re playing our great national anthem.” Trump has...more

I-15 – Turning the Table: An Interview with the Podcast Host on Protected Employee Activity

by Cozen O'Connor on

This episode replays an interview of the podcast host, Mike Schmidt, that was originally aired on SiriusXM Channel 111, The Business Channel. Mike discusses the nature of adverse actions taken by employers due to employee...more

Supreme Court Set To Weigh In On Class Action Waivers

by Burr & Forman on

In late 2017 or early 2018, employers should anticipate clarity from the U.S. Supreme Court as to whether arbitration agreements requiring workers to waive their right to file class or collective actions violates the National...more

Employment Law - September 2017

More Obama-Era Policies—Pay Data Collection, Overtime Rule—Fall - Why it matters - Continuing the rollback of Obama-era policies, the Equal Employment Opportunity Commission (EEOC) hit pause on the collection of...more

Save Local Business Act Introduced in the House

The House Education and the Workforce Committee held a joint subcommittee hearing last week to analyze the “Save Local Business Act” (H.R. 3441 – Byrne), a measure that would amend the National Labor Relations Act and the...more

Discharge Of Employee Who Protested Illegal Policy By Himself Ran Afoul Of NLRA, Federal Appeals Court Rules

by Jackson Lewis P.C. on

An employee who was discharged after protesting an admittedly illegal policy was entitled to reinstatement and back pay despite having acted on his own, the federal appeals court in New York has ruled, enforcing a National...more

Athletes and Employees Speak Out: Do Your Employment Practices Drop the Ball in Addressing Diversity, Controversial Speech, or...

With the 2017-18 National Football League (NFL) regular season and National Basketball Association (NBA) pre-season underway, many spectators are excited to don their favorite players’ jerseys and cheer on their teams. Yet in...more

Board Blows the Whistle on Independent Contractor Status for NBA Video Production Crew

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the NBA season opener just over a month away, at least one team could be getting an unexpected influx of free agents. In Minnesota Timberwolves Basketball, LP, 365 NLRB No. 124 (2017), the Board...more

Racism in Your Spare Time: What Are The Legal Limits for Employers?

by Kelley Drye & Warren LLP on

On Saturday, August 12, as the nation watched, protests in Charlottesville, Virginia regarding the anticipated removal of a statue of Confederate general Robert E. Lee turned deadly. In the days and weeks after, both the...more

Student-Employee Unions: Should Universities Expect a Double U-Turn?

by Fisher Phillips on

Until recently, the National Labor Relations Board (NLRB) long held that private university student-employees were not considered “employees” under the National Labor Relations Act (NLRA) because the relationship with their...more

Top Five Labor Law Developments For August 2017

by Jackson Lewis P.C. on

Employees had no right to union representation in their employer’s peer review committee proceedings, the U.S. Court of Appeals for the District of Columbia Circuit has ruled. Midwest Division – MMC, LLC, dba Menorah Medical...more

Could Barring Former Employees From Your Premises Lead To A Lawsuit?

by Fisher Phillips on

Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and...more

Arizona Employers Need to Update Employee Handbooks

by Jaburg Wilk on

Employment law changes and evolves. Best practice for employers is to have an experienced employment attorney review and update their employee handbook to be in compliance with labor laws. At a minimum, the following areas...more

A New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10 Key Issues

by Fisher Phillips on

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

Joint Employment Standards

by Best Best & Krieger LLP on

The last few years have seen a number of attempts to revise well-established joint employer standards under both the National Labor Relations Act and the Fair Labor Standards Act. While many of the recent developments impact...more

Seattle Ordinance Allowing Ride-Sharing Drivers To Unionize Temporarily Blocked By Ninth Circuit

by Jackson Lewis P.C. on

The Ninth Circuit Court of Appeals has temporarily blocked enforcement of the City of Seattle’s Ordinance 124968, which grants certain collective bargaining rights to independent contractors who drive for ride-sharing...more

The Uncertain Future of Micro-Units Under The NLRA

by Hinshaw & Culbertson LLP on

The stage is set for reconsideration and possible reversal of the NLRB’s decision in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011), which allows "micro-units" of employees to organize a...more

Fifth Circuit Continues To Approve Class Action Arbitration Waivers Over NLRB Objections

by Carlton Fields on

The opening case of the United States Supreme Court’s October 2017 term is a consolidation of three cases that present a Circuit conflict on the issue of whether the collective-bargaining provisions of the National Labor...more

Employer Discretion to Terminate Employees for Off-Duty Conduct in the Age of Charlottesville

by Clark Hill PLC on

Before the rise of social media, employees' off-duty conduct was generally unknown to an employer, even if that conduct involved violence or unlawful conduct. On August 12, 2017, it took mere hours before the participants in...more

Unions Win Next Round In Seattle Gig Worker Organizing Battle

by Fisher Phillips on

Chalk this round up to the unions. In a pair of decisions issued last week, a Seattle federal judge ruled that Seattle’s January 2016 Ordinance that seeks to allow for-hire drivers to form unions and collectively bargain with...more

Executive Labor Summary - July / August 2017

NEWS & ANALYSIS Changing of the guard at the NLRB: Two steps forward, and one step back - One of President Trump’s nominees for the National Labor Relations Board, Marvin E. Kaplan, was confirmed by the Senate on August 2...more

Six Ways Franchisors Can Reduce Joint Employer Liability Risk

by Lewitt Hackman on

In January 2016, the National Labor Relations Board (NLRB) determined that indirect control or the reserved right to control, even if unexercised, could be sufficient grounds to find a joint employer relationship between a...more

D.C. Circuit Weighs in on Employee’s Right to Union Representation at Disciplinary Meetings

by PilieroMazza PLLC on

In a recent ruling, the U.S. Court of Appeals for the D.C. Circuit has shed light on the scope of an employee’s right to union representation at an investigatory interview conducted by the employer. The prior case of NLRB v....more

8th Circuit Panel Rules NLRA Protects Picketing Employee’s Racist Remarks

by Bass, Berry & Sims PLC on

In an article published earlier this year, I asked the question whether the National Labor Relations Act (NLRA) protects racist insults. In a decision rendered on August 8, 2017, a majority of an Eighth Circuit panel, over a...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Republican Whitney Westerfield Announces Bid for Kentucky Attorney General- Republican state Senator Whitney Westerfield formally announced his candidacy to become Kentucky AG. He is the first Republican...more

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