Jennifer Dunn on NLRB

NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?

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

Your Neutral Uniform Policy May Violate the NLRA

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

How Religious are You? Catholic University Withdraws Recognition from Union Claiming Religious Exemption

The Sunshine State will once again be the center of national attention in what could be one of the first battles before the Biden NLRB regarding the ever-shifting issue of the Board’s jurisdiction over religious educational...more

1/13/2021 / First Amendment , Jurisdiction , NLRB , Religious Exemption , Religious Institutions , Religious Schools , Unfair Labor Practices

NLRB to Lift Suspension on Board-Conducted Elections

On March 19, 2020, the National Labor Relations Board (“Board)” suspended all representation elections, including mail ballot elections, until April 3, 2020. This week, the Board announced it will not extend its temporary...more

4/3/2020 / Labor Relations , NLRB , Union Elections , Unions

Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection

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

10/14/2019 / Corporate Counsel , Employee Rights , Free Speech , Labor Disputes , NLRA , NLRB , Offensive Language , Protected Concerted Activity , Section 7 , Unions

What You Need to Know About the NLRB’s Proposed Rule Blocking Student Organizing

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

NLRB Clarifies Employer Right to Require Mandatory Arbitration Agreements Following Supreme Court’s Epic Systems Decision

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

The First Rollout of Proposed Amendments to the NLRB’s Election Rules

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

With Senate Confirmation of NLRB Member John Ring, NLRB Shifts to Republican Majority

Yesterday, the Senate, voting along party lines 50 to 48, confirmed John Ring as a member of the National Labor Relations Board. With Ring’s confirmation, the five-member NLRB is now fully staffed with a 3-2 Republican...more

4/12/2018 / Administrative Appointments , Labor Relations , NLRB , Presidential Appointments , Regulatory Oversight , Senate Confirmation Hearings , Trump Administration

The NLRB Opens the Door to Union Organizing Among Undergraduate Resident Advisors at Colleges and Universities

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

5/8/2017 / Colleges , Educational Institutions , Employee Definition , NLRA , NLRB , Student Employees , Students , Union Organizers , Unions

The NLRB Rules That It Will Assert Jurisdiction Over Nonteaching Employees of Religious Institutions And Nonprofit Religious...

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

Jennifer Dunn

Franczek P.C.

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