On March 8, a federal judge in Texas ruled that the National Labor Relations Board’s new joint employer regulations, which were to take effect yesterday, are invalid as inconsistent with the National Labor Relations Act. ...more
In an order issued yesterday, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas, issued a two-week stay (through March 11) of the National Labor Relations Board’s new joint employer...more
The National Labor Relations Board announced Thursday that it was delaying the effective date of its new joint employer regulations from the original December 26 (end of next month) to February 26, 2024. The Board asserts...more
They are not employer-friendly.
On October 26, the National Labor Relations Board, by a 3 to 1 vote, issued regulations with a new standard for determining “joint employer” status under the National Labor Relations Act....more
10/31/2023
/ Browning-Ferris Industries of California Inc. ,
Compensation & Benefits ,
Hiring & Firing ,
Job Duties ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Supervision ,
Unfair Labor Practices ,
Wage and Hour ,
Workplace Safety
The Biden Administration’s efforts at adjusting the balance of labor relations toward the interests of organized labor, at least for now, must largely fall back on non-legislative means, given the Republican capture of the...more
12/7/2022
/ Department of Labor (DOL) ,
Federal Register ,
Joint Employers ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Proposed Rules ,
Unfair Labor Practices ,
Union Elections ,
Unions
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
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
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
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
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
NEWS & ANALYSIS
- Death of Justice Antonin Scalia may create 4-4 split in case involving public employee union agency fees - In January, the U.S. Supreme Court heard oral argument in Friedrichs v. California, a case in...more
2/25/2016
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Free Speech ,
Friedrichs v CA Teachers Association ,
Joint Employers ,
Justice Scalia ,
Longshoremen ,
NLRB ,
Persuader Rules ,
Public Employees ,
Right to Work ,
Teachers ,
UAW ,
Unfair Labor Practices ,
Union Dues ,
Volkswagen ,
Wage and Hour
Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...more
10/29/2015
/ Airlines ,
Automotive Industry ,
Bargaining Units ,
Browning-Ferris Industries of California Inc. ,
Casinos ,
Commercial Bankruptcy ,
Employer Liability Issues ,
Fiat ,
Hiring & Firing ,
Hospitals ,
Injunctive Relief ,
Joint Employers ,
NLRA ,
NLRB ,
Preemption ,
Teamsters ,
Trump Administration ,
Union Dues ,
Union Elections ,
United Auto Workers ,
Volkswagen
Last week, the National Labor Relations Board issued its long-awaited ruling in Browning-Ferris Industries and, as expected, changed the standard for determining joint-employer status. If the decision stands, it will...more
Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more
8/28/2015
/ Administrative Procedure Act ,
Barack Obama ,
Collective Bargaining ,
College Athletes ,
Confidential Witnesses ,
Fair Labor Standards Act (FLSA) ,
Fifth Amendment ,
First Amendment ,
Football ,
Internal Investigations ,
Joint Employers ,
NLRA ,
NLRB ,
Northwestern University ,
Pending Legislation ,
Political Debates ,
Protected Concerted Activity ,
Protests ,
Quickie Election Rules ,
Unions ,
Vacancies Act ,
Witness Statements
What are the labor implications of Supreme Court’s decision in King v. Burwell? -
On June 25, the U.S. Supreme Court upheld the Affordable Care Act (also known as “Obamacare”) in a 6-3 decision written by Chief...more
6/30/2015
/ Affordable Care Act ,
Ambush Election Rules ,
Appeals ,
Canning v NLRB ,
Health Insurance ,
Health Insurance Exchanges ,
Individual Mandate ,
Joint Employers ,
King v Burwell ,
NLRB ,
Recess Appointments ,
SCOTUS ,
State Health Insurance Exchanges ,
Subsidies ,
Tax Credits ,
Unions
NLRB “quickie election” rule takes effect -
On April 6, President Obama vetoed a joint resolution of Congress that sought to block the “quickie election” rule issued by the National Labor Relations Board....more
4/29/2015
/ Ambush Election Rules ,
Confidentiality Agreements ,
Cyber Attacks ,
Joint Employers ,
KBR (formerly Kellogg Brown & Root) ,
NLRA ,
NLRB ,
Presidential Veto ,
Securities and Exchange Commission (SEC) ,
Unions ,
Wal-Mart
NEWS & ANALYSIS
- NLRB changes longstanding rule for deferral to arbitration awards - The National Labor Relations Board has had a busy December with four major new developments. We have already reported on two of the...more
12/24/2014
/ Ambush Election Rules ,
Antitrust Provisions ,
Arbitration ,
Arbitration Awards ,
Automotive Industry ,
Class Action Arbitration Waivers ,
D.R. Horton v NLRB ,
Deferral Standard ,
Email ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Independent Contractors ,
Joint Employers ,
Lyft ,
McDonalds ,
Misclassification ,
Murphy Oil USA ,
NCAA ,
NLRB ,
Protected Concerted Activity ,
Purple Communications ,
Sidecar ,
Taxi Cabs ,
Uber ,
Union Elections ,
Unions ,
Volkswagen ,
Wage and Hour