As HR Legalist predicted when the National Labor Relations Board (NLRB) announced the proposed rule in September 2022, the pendulum of federal labor and employment law has once again swung in an employee-friendly direction....more
10/30/2023
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Control Test ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Unions
Over the past decades, standards for profanity, inappropriate social media use, and other workplace issues commonly addressed in employee handbooks have changed along with the political makeup of the National Labor Relations...more
As previously covered by HR Legalist, the National Labor Relations Board’s (“NLRB”) recent decision in McLaren v. Macomb ushered in a significant crackdown on non-disparagement and confidentiality provisions in employee...more
Last week, the National Labor Relations Board (NLRB) issued a Decision and Order that fundamentally alters the legality of nondisparagement and confidentiality clauses in employee severance agreements. ...more
March 2021 has been a busy month in Washington, D.C. In addition to the passage of the American Rescue Plan (which includes tax updates relevant to employers), there have been three notable developments in the labor and...more
3/19/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
NLRA ,
NLRB ,
Proposed Amendments ,
Tipped Employees ,
Trump Administration ,
Union Elections ,
Unions
As HR Legalist predicted, President Biden is taking steps to swing the pendulum in an employee-friendly direction. While implementing substantive changes may take some time in light of the administrative procedures required,...more
Second in a Series of Blogs Regarding the Presidential Transition -
On Saturday, November 7, 2020, all major media outlets called the 2020 presidential election in favor of Joe Biden and Kamala Harris, and President-elect...more
The “joint employer” test, which determines which organizations are liable for employee discrimination, wage and hour, and labor law claims, has in many ways resembled a game of legal “Whack-A-Mole” over the years. Indeed,...more
The “gig economy” has prompted a nationwide debate about which workers should be deemed employees (and therefore entitled to certain rights and benefits under labor and employment laws) as opposed to independent contractors. ...more
6/6/2019
/ Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Lyft ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Uber ,
Unfair Labor Practices ,
Wage and Hour
Each New Year brings new laws, including employment laws and regulations that companies need to consider before the ball drops. In 2019, employers may see a few changes at the federal level, but most changes will be at the...more
12/28/2018
/ Call-In Pay ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Joint Employers ,
Marijuana ,
Minimum Wage ,
NLRB ,
Paid Leave ,
Salary/Wage History ,
Sexual Harassment ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
As predicted by HR Legalist earlier this year, the new Republican-majority National Labor Relations Board (NLRB) has begun to reverse key labor rulings established during the Obama administration. On December 14, 2017, the...more
The National Labor Relations Board (NLRB) enforces and interprets the National Labor Relations Act (NLRA), which ensures the rights of employees to engage in collective bargaining and other union-related activities. During...more
As covered earlier by HR Legalist, the Trump Administration was expected to make changes to labor and employment law through appointments to federal agencies, including the EEOC and the National Labor Relations Board (NLRB)....more
It’s been almost two weeks since Donald Trump was elected president, and information has been starting to emerge about his potential administration and policies. This week, HR Legalist examines some of the potential...more
11/21/2016
/ Affordable Care Act ,
Arbitration Agreements ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Hiring & Firing ,
Minimum Wage ,
NLRB ,
Paid Leave ,
Sexual Orientation Discrimination ,
Sick Leave ,
Trump Administration ,
Wage and Hour
In my last post on HR legalist, I outlined the current state of the law regarding employee social media use. One trend I have been following is the National Labor Relations Board’s expansion of protections for employees who...more