Unfair Labor Practices The National Labor Relations Act

News & Analysis as of

Update: The NLRB and Single Integrated Employers

In October, the National Labor Relations Board (“NLRB” or “Board”) employed a little-used procedural doctrine to issue a consolidated complaint against a parent company of a chain of hospitals located throughout the U.S. The...more

Amex Employment Arbitration Policy Held Unlawful by NLRB

Amex Card Services Company ("Amex") operates a call center in Phoenix, AZ. Amex required all new hires to sign an acknowledgement form acknowledging receipt and understanding of its Arbitration Policy as a condition of...more

Fifth Circuit Again Rejects NLRB Ruling That Employment Agreements Requiring Individual Arbitration Are Unlawful

On December 16, 2014, we reported on the National Labor Relations Board’s ruling that Murphy Oil violated the National Labor Relations Act by requiring its employees to sign arbitration agreements which “requir[ed] . . ....more

Fifth Circuit (Again) Reverses NLRB and Finds Class Action Waivers in Arbitration Agreements Do Not Violate the NLRA

The battle between the NLRB and the Fifth Circuit rages on, as the Fifth Circuit again ruled that employers do not violate the National Labor Relations Act when they require employees to sign arbitration agreements containing...more

Fifth Circuit Stands Pat, Again Rejects NLRB Attempt To Void Class And Collective Action Waiver

As expected, the Fifth Circuit once again has rejected the NLRB’s highly controversial position that the National Labor Relations Act (“NLRA”) prohibits employers from requiring mandatory arbitration agreements that preclude...more

How the NLRB Spent Its Summer — Could Be a Chilly Autumn

For those of us in the employment field attempting to recover from the languor of long summer days, it’s time to catch up and ask what the NLRB has been up to during the dog days. The answer – a lot. And so we take this...more

Why Getting Handbooks Right Matters: NLRB Judge Holds Verizon’s Restrictions on Employee Communications During Non-Working Time...

Despite previous NLRB rulings telling them to stop, some employers continue to impose broad prohibitions on personal employee communications over company email. As an administrative law judge recently reminded us, failing to...more

NLRB Says Arbitration Agreement Without Carve-Out for Unfair Labor Charges Violates Federal Labor Law

Last week’s EmployNews reported on efforts by the Equal Employment Opportunity Commission to attack employer-prepared releases because they supposedly do not contain adequate assurances that their terms do not prevent...more

Bill Would Greatly Expand Penalties, Remedies for Unfair Labor Practices

Democratic lawmakers introduced legislation on September 16, 2015 that would greatly expand the remedial scope of the National Labor Relations Act. Crafted with input from labor leaders, the Workplace Action for a Growing...more

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate...more

Will “Host Employers” Face Increased Scrutiny from OSHA? Recent NLRB ruling may expand OSHA’s focus on host employers.

For the past several years, the U.S. Department of Labor, OSHA has put in place initiatives, formal and informal, relative to temporary employees in the workplace. The upshot of those initiatives is that OSHA cited both the...more

Franchisors Vulnerable to Unfair Labor Practice Allegations

As expected, the National Labor Relations Board (NLRB) recently broadened the definition of joint employer.  In a 3-2 decision, the NLRB adopted the joint employment standard recommended by the NLRB’s General Counsel.  The...more

NLRB’s New Joint Employer Standard Creates Enormous Uncertainty

Late last week, the National Labor Relations Board published a decision that will make many business leaders’ heads spin. By pronouncing a new legal standard to be used to determine if a business is a “joint employer” of...more

NLRB’s Expanded “Joint Employers” Test: The Employers’ Perspective

The decision by the National Labor Relations Board (NLRB) last week in BFI Newby Island Recyclery expands the circumstances in which two otherwise separate and independent employers may be found to be joint employers of a...more

NLRB Adopts New Broader Joint-Employer Standard

On August 27, 2015, the National Labor Relations Board (NLRB or Board) issued its long-awaited decision in Browning-Ferris Industries (BFI) substantially changing and expanding the standard for finding a joint-employer...more

The National Labor Relations Board Issues Pivotal Decision Redefining Joint-Employers

On August 27, 2015, the National Labor Relations Board issued its long-anticipated decision revising the standard for determining joint-employer status under the National Labor Relations Act. As a result of the NLRB’s...more

The NLRB Refuses to Require its General Counsel to Explain the Joint Employer Case Against McDonald's

The National Labor Relations Board continues the string of controversial moves in its unfair labor practice cases against McDonald’s. In December 2014, the NLRB’s General Counsel filed thirteen complaints naming the...more

New Texas Law: Is it Enough to Ease Concern Over Franchise Liability for Employment-Related Claims?

In response to concerns of franchisors that recent National Labor Relations Board (NLRB) actions threaten to undermine the common understanding of a franchisor-franchisee relationship, the Texas Labor Code was amended by the...more

D.C. Circuit Reverses NLRB's Decision that AT&T Violated Employees' Rights When It Suspended Employees for Wearing T-Shirt...

It was probably not that surprising that the U.S. Court of Appeals for the District of Columbia reversed the National Labor Relations Board's (NLRB) decision in Southern New England Telephone Company, 1356 NLRB No. 118...more

D.C. Circuit Declares AT&T Had Right to Ban "Prisoner" T-Shirts

The U.S. Court of Appeals for the District of Columbia has ruled that AT&T had a right to forbid employees, when interacting with the public, from wearing t-shirts that the company reasonably believed could harm its...more

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

Draft Appropriations Bill Seeks to De-Fund Various Regulatory Efforts

A draft House appropriations bill to fund various federal agencies, including the Department of Labor, for Fiscal Year 2016 includes several provisions that would effectively halt a number of controversial regulatory efforts....more

NLRB Upholds Unilateral Changes in Negotiated Employee Benefits

In an era when the National Labor Relations Board seldom finds actions by employers to be reasonable, that agency recently issued two decisions finding that a unilateral change in employee benefits provided under a collective...more

Joint Employer Status for Franchisors Sees Some Reprieve, but not Enough yet for Celebration

We noted last year that, at the behest of its General Counsel Richard Griffin, the National Labor Relations Board was looking to recast the joint employer test under the National Labor Relations Act (NLRA) within the...more

NLRB General Counsel's Recent Report on Work Rules Tracks Areas to Watch - Employers of Union and Non-Union Work Forces Need to Be...

For the last several years, the National Labor Relations Board (NLRB or the "Board") has engaged in a well-publicized expansion of scrutiny for employer work rules and has liberally identified those rules that it believes...more

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