For your Labor Day Weekend enjoyment.
Misclassifying workers does not violate the NLRA. The National Labor Relations Board issued a decision yesterday, ruling 3-1 that worker misclassification does not violate the National...more
Building on last year's Supreme Court decision in Epic Systems.
On Wednesday, the National Labor Relations Board addressed several important questions involving employers’ arbitration agreements and the National Labor...more
On Friday, the National Labor Relations Board issued notice of the first stage of newly proposed representation case regulations, which were published this morning in the Federal Register. The Republican Board majority...more
In a July 22 Opinion Letter, the Wage and Hour Division of the U.S. Department of Labor returned to a common-sense interpretation of regulations regarding “hours worked” and “compensable time” as applied to truck drivers and...more
To paraphrase a proverb sometimes attributed to physicist Niels Bohr, film mogul Samuel Goldwyn, baseball great Yogi Berra, and even writer Mark Twain, “It is difficult to make predictions, especially about the future.”...more
On December 28, the majority of a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit for the most part upheld an expansive “joint employment” standard adopted by the National Labor Relations...more
On October 30, the National Labor Relations Board extended the period for public comment on its proposed rule concerning joint employment. The new deadline is December 13, and comments on the comments will be received through...more
The National Labor Relations Board issued a press release today announcing that it will begin the rulemaking process to change the Board’s standard on joint employment....more
Employers may soon learn from the National Labor Relations Board that they once again can control their own email and other electronic communications systems. On August 1, the Board published an invitation for briefs from...more
NLRB’s joint employer standard is still up in the air. The “joint employer” standard of the National Labor Relations Board is still in play.
On May 9, in a rarely-seen development, the NLRB Office of Information and...more
7/26/2018
/ Boeing ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Public Sector Unions ,
Section 7
In Janus v. American Federation of State, County and Municipal Employees, the U.S. Supreme Court changed the legal landscape that has permitted public employee unions in more than 20 states to extract dues or “agency fees”...more
6/29/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
On June 4, the U.S. Supreme Court held in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission that the Colorado Civil Rights Commission violated the constitutional right of free exercise of religion of a Christian...more
On May 21, the U.S. Supreme Court held 5-4 that class waivers in arbitration agreements between employees and employers are valid, rejecting arguments that they violate the protection of concerted activity in the National...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
News & Analysis-
New NLRB Chairman is John Ring-
NLRB gets “out of joint” over joint employer dispute-
NLRB’s extended period for comment on so-called “quickie election” rule ended on April 19, and General Counsel...more
More leisure time to talk about quickie elections.
The National Labor Relations Board announced today that it is again extending the time for interested parties to respond to its December 14, 2017, Request for Information...more
According to March 5 press reports, IBM and its former Chief Diversity Officer, Lindsay-Rae McIntyre, have agreed to a settlement of their dispute. As I reported last week, IBM sued Ms. McIntyre, who had resigned from IBM to...more
Why not?
On February 12, IBM filed suit against its former Chief Diversity Officer, Lindsay-Rae McIntyre, for breach of her one-year noncompete provision. The lawsuit, filed in federal court in New York, claims that Ms....more
NEWS & ANALYSIS-
NLRB’s Emanuel under fire, and “joint employment” standard is in doubt. After a brief window of time in late 2017 when Republican Members outnumbered Democratic Members on the National Labor Relations Board,...more
2/28/2018
/ Browning-Ferris Industries of California Inc. ,
Employer Liability Issues ,
Hiring & Firing ,
Joint Employers ,
Labor Law Violations ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Quickie Election Rules ,
Right to Work ,
Termination
News & Analysis-
Leadoff memorandum of new NLRB General Counsel Robb draws immediate fire from Democrats
NLRB Republican majority goes to work and asks for comment on the so-called “quickie election” rule
Miscimarra is...more
NLRB seats fill, and more to come. The U.S. Senate confirmed William Emanuel as a member of the National Labor Relations Board on September 25, creating a Republican majority on the Board. Mr. Emanuel was a management-side...more
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
NEWS & ANALYSIS -
Trump nominations on track to fill open seats on the NLRB - After a slow start, President Trump is taking the steps to fill more slots at various agencies, including the National Labor Relations Board. On...more
6/29/2017
/ Arbitration Agreements ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Minimum Wage ,
NLRA ,
NLRB ,
Protected Activity ,
Trump Administration ,
Unions ,
Wage and Hour ,
Wrongful Termination
The U.S. Department of Labor has issued a Notice of Proposed Rulemaking to rescind the Obama Administration’s version of the “Persuader Rule.” The Obama Rule never actually became applicable because it was enjoined by a...more
The Trump Administration has begun the process to rescind the “2016 Persuader Rule,” one of the most contentious employment-related regulations issued during the Obama Administration. Earlier this week, the U.S. Department of...more
NEWS & ANALYSIS-
Winners and losers feel effects of the Presidential election - For winners, Philip Miscimarra, who was Acting Chairman of the National Labor Relations Board, gave up “acting” and got real with...more