Introduction - 2023 may prove to be a landmark year for U.S. labor law. There were several significant changes in the law that left employers reeling. The breadth and depth of these changes were staggering even for seasoned...more
2/21/2024
/ Federal Trade Commission (FTC) ,
Final Rules ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Severance Agreements ,
State Labor Laws ,
Trade Secrets ,
Unfair Labor Practices ,
Unions
Now more than ever, it seems that employees are willing to express themselves. While open communication with and among employees is usually a good thing, sometimes an employer’s rules are broken in the process. A worker...more
No, your eyes aren’t playing tricks on you. You read that correctly. The U.S. Court of Appeals for the D.C. Circuit recently affirmed a ruling by the NLRB which found an employer violated the National Labor Relations Act...more
INTRODUCTION -
In our last Review, we reported that the National Labor Relations Board had a very busy year. Despite the challenges of the COVID-19 pandemic, 2020 was also a fairly busy year for the Board. In its final...more
COVID-19’s impact on workplace matters continues to broaden. The National Labor Relations Board, which has jurisdiction over most private sector employers, announced on Thursday that all union elections within its purview...more
If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound. The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more
3/2/2020
/ Collective Bargaining ,
Confidentiality Policies ,
Corporate Counsel ,
Email Policies ,
Employer Rights ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Internal Investigations ,
Joint Employers ,
Labor Regulations ,
Labor Relations ,
Misclassification ,
New Rules ,
NLRA ,
NLRB ,
Popular ,
Purple Communications ,
Rulemaking Process ,
Union Elections ,
Union Organizers ,
Wage and Hour ,
Waivers
In 2014, the NLRB held in Purple Communications that employers must allow their employees to use company email systems to engage in union activities and other protected conduct under the National Labor Relations Act. Last...more
12/19/2019
/ Electronic Communications ,
Email ,
Email Policies ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Purple Communications ,
Regulatory Reform ,
Section 7 ,
Union Organizers ,
Unions
Although in many respects it was a slow year for the National Labor Relations Board, it was a year of progress in the eyes of many employers. The Board operated at full strength for the entire year, with Republican John Ring...more
2/28/2019
/ Arbitration ,
Arbitration Agreements ,
Constitutional Challenges ,
Corporate Counsel ,
Duty of Fair Representation ,
Email Policies ,
Employee Handbooks ,
Joint Employers ,
NLRA ,
NLRB ,
Quickie Election Rules ,
SCOTUS
In a key decision for many franchisors and franchisees, and others who rely on independent contractors, the National Labor Relations Board recently reinstated its test for examining contractor status. ...more
Another Obama-era National Labor Relations Board policy may be on the ropes. Four years ago, the Board issued its controversial Purple Communications decision. In that case, it determined that employees have the right to...more
If you have followed our blog over the past year, you are aware of the long and tortured history of the National Labor Relations Board’s joint employer standard. The recent history starts with the Obama Board’s decision to...more
For employers, 2017 brought some long awaited relief and hope that return to normalcy in labor law is on the way. Admittedly, the wait for employers turned out to be a little longer than expected. The National Labor Relations...more
2/2/2018
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Department of Labor (DOL) ,
Joint Employers ,
Micro-Unions ,
NLRB ,
OSHA ,
Persuader Rules ,
Quickie Election Rules ,
Sick Leave ,
Unions ,
Wage and Hour
In September, President Trump nominated management-side labor and employment lawyer Peter Robb to replace Richard Griffin, whose term expired on November 4, 2017, as general counsel to the National Labor Relations Board. ...more
In 2015, we discussed the new joint-employer standard that was articulated by the National Labor Relations Board in Browning-Ferris Industries of California, Inc. As a reminder, the NLRB held that a joint-employer...more