An Oregon law that arguably prohibits employers from requiring employees to attend mandatory meetings to hear the employer’s views regarding unions and the National Labor Relations Board (NLRB) process is unlawful, the NLRB...more
The National Labor Relations Board (NLRB) has published its final rule governing determination of joint-employer status under the National Labor Relations Act (NLRA), restoring the standard that was applied for several...more
The National Labor Relations Board (NLRB) has announced substantial changes to its representation case rules that will give employers more time before a union election. The new rules go into effect on April 16, 2020, but they...more
1. The National Labor Relations Board (NLRB) has clarified its standard for evaluating the legality of employers’ facially neutral policies, rules, or handbook provisions. LA Specialty Produce Co., 368 NLRB No. 93 (Oct. 8,...more
Please contact a Jackson Lewis attorney if you have any questions about these developments. ©2019 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor...more
1.National Labor Relations Board (NLRB) General Counsel Peter Robb urges the Board to return to its traditional joint-employer standard. In a brief filed with the U.S. Court of Appeals for the D.C. Circuit on April 17 and...more
1.National Labor Relations Board (NLRB) Member Mark Gaston Pearce has withdrawn his name from consideration for another term on the Board. Pearce reportedly explained his decision by stating it felt best to “remove myself...more
1.The National Labor Relations Board (NLRB) reinstated its pre-2014 standard for determining whether an individual is an independent contractor or an employee. SuperShuttle DFW, Inc., 367 NLRB No. 75 (Jan. 25, 2019). The NLRB...more
Be Fair to Unfair Labor Practice Strikers, Labor Board Says-
To ensure adequate staffing and continuity of patient care, hospitals faced with impending strikes by registered nurses often contract with employment agencies...more
1.National Labor Relations Board (NLRB) Chairman John Ring has announced that revisions to the Board’s election rules are a “long-term” action item. This may indicate the revisions to the Obama-era election rules (in effect...more
Labor Board Employees Protest Board Chairman Ring, General Counsel Robb-
Employees of the National Labor Relations Board (NLRB) have publicly protested a decision by NLRB Chairman John Ring and NLRB General Counsel Peter...more
1. The deadline for submitting comments regarding the National Labor Relations Board’s proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act has been extended to...more
President Donald Trump nominated Mark Gaston Pearce for a third term on the National Labor Relations Board (NLRB) on August 28. Pearce’s nomination came despite widespread criticism from Republicans and business groups who...more
1.Business lobbyists reportedly are urging the Trump Administration to not re-nominate National Labor Relations Board (NLRB) Member Mark Gaston Pearce (D) for a third term. Pearce’s term at the five-member Board is scheduled...more
8/22/2018
/ Corporate Counsel ,
Department of Labor (DOL) ,
Email ,
Employer Liability Issues ,
Hiring & Firing ,
LMRDA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Persuader Rules ,
Purple Communications ,
Section 7 ,
Trump Administration
1.The U.S. Supreme Court has ruled that class action waivers in employment arbitration agreements do not violate federal law. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300;...more
1.The National Labor Relations Board (NLRB) continued to deal with tumult over the “joint-employer” issue. On March 1, the Board asked the U.S. Court of Appeals for the D.C. Circuit to resume considering an appeal of...more
1.The National Labor Relations Board has vacated its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Feb. 26, 2018), and restored the Board’s union-friendly joint employer test set forth in...more
1.Management-side labor and employment lawyer John Ring has been nominated by President Donald Trump to fill the vacant seat on the five-member National Labor Relations Board. If confirmed, Ring would replace former-Board...more
The National Labor Relations Board has extended the time for filing responses to its request for information regarding its 2014 election rule. The new date for submissions is Monday, March 19, 2018. In that request for...more
1.In Hy-Brand Industrial Contractors, 365 NLRB No. 156 (Dec. 14, 2017), the National Labor Relations Board overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015), an Obama-era decision that held two entities are joint...more
The National Labor Relations Board has established a new test for evaluating the lawfulness of an employer’s facially neutral workplace policies and rules.
Among the most consequential of the Board’s recent bombshell NLRB...more
The National Labor Relations Board General Counsel’s Division of Operations Management has issued a sweeping Memorandum to Regional Offices setting forth a variety of circumstances under which those offices should process...more
In Hy-Brand Industrial Contractors Ltd., 365 No. 156 (Dec. 14, 2017), the National Labor Relations Board overturned its standard for determining joint employer status under the National Labor Relations Act established in...more
1. John Ring, a management-side labor and employment attorney, reportedly is undergoing background checks to become President Donald Trump’s nominee to fill the seat on the National Labor Relations Board that Chairman Philip...more
Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling many union-friendly precedents of the Obama-era Board, the Board has beaten...more
12/18/2017
/ Bargaining Units ,
Boeing ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Joint Employers ,
Micro-Unions ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policies and Procedures ,
Protected Activity ,
Section 7 ,
Specialty Healthcare ,
Unions