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 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 Friday, the National Labor Relations Board, in a 3-2 decision in Bexar County Performing Arts Center Foundation II, changed the standard applicable to property owners seeking to restrict off-duty, outside contractor...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
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 -
Better times ahead at the NLRB, but it may take a while - For nearly eight years, the National Labor Relations Board has been in the majority control of Democratic appointees of President Obama. During...more
NEWS & ANALYSIS -
The NLRB continues its assault on workplace civility and efficiency– As we reported more than two years ago, Mark Gaston Pearce, Chairman of the National Labor Relations Board, and NLRB General Counsel...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
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
The National Labor Relations Board decided 3-2 last week that employees covered by the National Labor Relations Act are presumptively entitled to access an employer's email systems for communicating under Section 7 of the...more