LA Specialty Produce is a distributor of produce and other fine and specialty foods. LA Specialty’s employee manual contains, among other rules, a confidentiality rule and a media contact rule. The confidentiality rule...more
In MV Transportation, Inc., a 3 to 1 majority of the National Labor Relations Board recently abandoned the “clear and unmistakable waiver” standard that the Board had historically used to determine whether unilateral changes...more
In 2011, in Specialty Healthcare & Rehabilitation Center of Mobile, an Obama-era majority of the National Labor Relations Board modified the traditional “community of interest” standard for deciding appropriate bargaining...more
Earlier this year, the National Labor Relations Board announced that it intended to conduct administrative rule-making concerning standards for access to an employer’s private property. Shortly thereafter, in University of...more
In University of Pittsburgh Medical Center (UPMC), a 3 to 1 majority of the National Labor Relations Board overturned nearly four decades of precedent that held that non-employee union organizers cannot be denied access to...more
In Ridgewood Health Care Center, Inc., a 3-1 majority of the National Labor Relations Board overruled a Clinton-era Board decision (Galloway School Lines) that held that if a successor employer discriminates in the hiring of...more
In a recent decision of the NLRB, greater scrutiny was given to what constitutes chargeable expenses of a labor organization, resulting in non-member employees being freed from the burden of paying for a union’s lobbying...more
In Super Shuttle DFW, Inc., a National Labor Relations Board majority (3-1) overruled a 2014 Obama Board case, FedEx Home Delivery, and returned to the traditional common-law test for determining independent contractor status...more
The National Labor Relations Act protects employees when they are engaged in protected concerted activity for the purpose of mutual aid and protection. What constitutes concerted activity for mutual aid and protection has...more
On June 6, 2018, the general counsel of the National Labor Relations Board, Peter B. Robb, issued a memorandum designed to provide guidance to the various regions of the NLRB with regard to the recently decided case of The...more
Thought 2017 would end quietly? The month of December has seen several stunning decisions by the NLRB which impact Obama-era precedent, and which will impact employers and employees going forward in 2018. Joining this episode...more
12/22/2017
/ Boeing ,
Browning-Ferris Industries of California Inc. ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Obama Administration ,
Policy Memorandums ,
Unions ,
Workplace Harassment Guidance
Peter Robb, confirmed last month as the general counsel of the National Labor Relations Board, issued a memorandum on December 1 that serves as a valuable heads up to both employers and unions as to what we might expect...more