On September 6, the National Labor Relations Board (the Board) issued a proposed rule to revise the current standard to determine whether employers are “joint employers” under the National Labor Relations Act (NLRA). The...more
9/30/2022
/ Browning-Ferris Industries of California Inc. ,
Comment Period ,
Employer Liability Issues ,
Federal Labor Laws ,
Joint Employers ,
Labor Reform ,
NLRA ,
NLRB ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Wage and Hour
In Tesla Inc., the National Labor Relations Board (“Board”) recently reversed a 2019 decision in Wal-Mart Stores Inc. that gave employers leeway when adopting neutral non-discriminatory dress codes. Instead, the Board applied...more
9/7/2022
/ Dress Codes ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Tesla ,
Union Insignia ,
Union Organizers ,
Unions ,
Wal-Mart
The National Labor Relations Board (“Board”) is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the...more
The seemingly never-ending debate over private sector college- and university-student employment status continues. On Friday, September 20, the National Labor Relations Board (NLRB) announced its intent to propose a rule...more
9/30/2019
/ Collective Bargaining ,
Colleges ,
Comment Period ,
Federal Labor Laws ,
Graduate Students ,
NLRA ,
NLRB ,
NPRM ,
Proposed Rules ,
Student Employees ,
Students ,
Teaching Assistants ,
Unions ,
Universities
In a significant decision for employers, the National Labor Relations Board (NLRB) provided new guidance addressing the intersection of arbitration agreements and the National Labor Relations Act (NLRA). The NLRB’s recent...more
9/18/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Contract Terms ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Guidance ,
NLRA ,
NLRB
On August 9, 2019, the National Labor Relations Board (NLRB) issued the first of its planned series of highly anticipated proposed amendments to its union election procedures. These proposed amendments follow the NLRB’s...more
8/15/2019
/ Blocking Statutes ,
Collective Bargaining ,
Construction Industry ,
Employee Rights ,
Employer Liability Issues ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Proposed Amendments ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
In what will come as no surprise to even the most casual labor law observer, last Friday an Acting Regional Director for the National Labor Relations Board created a new inroad for unions to organize undergraduate resident...more
In its 2014 landmark decision in Pacific Lutheran University (PLU), the National Labor Relations Board (NLRB) held that it will assert jurisdiction over faculty at religious colleges and universities unless the college or...more
4/12/2017
/ Collective Bargaining ,
Faculty ,
First Amendment ,
Jurisdiction ,
NLRA ,
NLRB ,
Pacific Lutheran University ,
Religious Institutions ,
Religious Schools ,
Unions ,
Universities
Recently, the U.S. District Court for the Northern District of Illinois held that the Village of Lincolnshire’s municipal ordinance regulating union activities was invalid under federal law. The ruling is a defeat for...more
A federal district court has ruled that the National Labor Relations Act (NLRA) preempts a county government from enacting a right-to-work ordinance applicable only to that county. The decision from the U.S. District Court...more
On October 22, 2015, the Second Circuit Court of Appeals affirmed the National Labor Relations Board’s (NLRB) decision that Triple Play Sports Bar and Grille (Employer) violated Section 8(a)(1) of the National Labor Relations...more
10/29/2015
/ Defamation ,
Employment Policies ,
Facebook ,
Hiring & Firing ,
NLRA ,
NLRB ,
Online Platforms ,
Protected Concerted Activity ,
Social Media ,
Social Media Policy ,
Social Networks
Last Friday, Attorney General Lisa Madigan issued an opinion finding that Illinois counties, municipalities, and other local governments cannot pass local “right to work” ordinances because they are preempted by the National...more
In a 3-1 decision in Chicago Mathematics & Science Academy Charter School, Inc. and Chicago Alliance of Charter Teachers & Staff, IFT, AFT, AFL-CIO, the National Labor Relations Board (NLRB) asserted jurisdiction over a...more