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 National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more
9/1/2023
/ Administrative Law Judge (ALJ) ,
Cemex ,
Collective Bargaining ,
Employees ,
Employer Liability Issues ,
Labor Relations ,
NLRA ,
NLRB ,
Quickie Election Rules ,
Section 7 ,
Unfair Labor Practices ,
Union Elections ,
Unions
The National Labor Relations Board swung to a Democratic majority after the 2020 election of President Joe Biden. That majority has been almost continually dismantling standards established by the Republican majority Board...more
8/17/2023
/ Boeing ,
Burden of Proof ,
Chilling Effect ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Interference Claims ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Unions
On July 28, the U.S. Department of Labor, Office of Labor-Management Standards, issued its final revision of Form LM-10 and a Fact Sheet. The revised form will require employers who use labor “persuaders” to indicate when the...more
On Wednesday the National Labor Relations Board reverted to an Obama-era standard for determining whether a worker was an “employee” or an “independent contractor.” As you might suspect, the new standard makes it more likely...more
On May 1, the National Labor Relations Board issued a decision that will restore protection for employee misconduct when it occurs during protected concerted activity.
In Lion Elastomers LLC II, the Board overruled 3-1 a...more
On Tuesday, the National Labor Relations Board issued yet another decision reversing precedent established by the Trump-era Board in 2020. In McLaren Macomb, the three-member Democratic majority decided that employers may not...more
On Wednesday, the National Labor Relations Board modified the standard used to determine whether a “petitioned-for” bargaining unit is appropriate for union representation when a party contends that the unit is inappropriate...more
On Tuesday, the National Labor Relations Board, in a 3-2 decision, expanded the remedy available for unfair labor practices to include a make-whole remedy for "all direct or foreseeable pecuniary harms” resulting from the...more
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
The National Labor Relations Board may soon be coming for employers who electronically monitor their employees.
On October 31, the NLRB’s General Counsel Jennifer Abruzzo, who is the chief prosecutor for the Board, gave...more
Labor law, along with other employment-related policy matters, is at the forefront of the political, economic, and oftentimes cultural divide in the nation. With the change in Presidential administrations, some knowledgeable...more
1/21/2021
/ ABC Test ,
Biden Administration ,
Boycotts ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Multi-Employer Pensions ,
NLRA ,
NLRB ,
Persuader Rules ,
Quickie Election Rules ,
Taft-Hartley Act ,
Trump Administration ,
Unfair Labor Practices ,
Unions
On June 23, the National Labor Relations Board issued a decision in Care One at New Milford, finding that employers have no statutory obligation to bargain before instituting discretionary employee discipline that is...more
The National Labor Relations Board has announced that it will move forward with parts of its new election regulations that were not blocked by a May 30 order from a federal judge in the District of Columbia.
The election...more
In a flurry of decisions issued this month, the Republican majority on the National Labor Relations Board overruled several Obama-era decisions.
The decisions concern employer rules for confidentiality in investigations,...more
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
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
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