This holiday season, the National Labor Relations Board (NLRB or the “Board”) has bestowed a gift on organized labor. On December 26, 2023, significant, labor-friendly changes made by the NLRB for processing representation...more
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
On Friday, August 25, 2023, The National Labor Relations Board (NLRB) issued a highly anticipated decision in Cemex Construction Materials Pacific, LLC which fundamentally shifts the paradigm governing how unions organize...more
8/29/2023
/ Collective Bargaining ,
Final Rules ,
Labor Relations ,
NLRA ,
NLRB ,
Quickie Election Rules ,
Secret Ballot ,
Unfair Labor Practices ,
Union Elections ,
Unions ,
Worker Representation
Join us on Thursday, October 7, 2021, for the next installment of “HR Legalist Live,” where Obermayer attorneys bring their popular blog to life.
This virtual presentation will include:
LABOR LAW UPDATE: WHAT TO EXPECT...more
9/16/2021
/ Biden Administration ,
Business Immigration ,
Centers for Disease Control and Prevention (CDC) ,
Collective Bargaining ,
Consulate ,
Coronavirus/COVID-19 ,
Employment Policies ,
Foreign Workers ,
Human Resources Professionals ,
Labor Regulations ,
Labor Relations ,
National Interest Waiver ,
NLRB ,
OSHA ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Remote Working ,
Return-to-Work Agreements ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee ,
U.S. Embassies ,
Union Organizers ,
Unions ,
Vaccine Passports ,
Visa Applications ,
Visas ,
Webinars ,
Workplace Safety
On September 8, 2021, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo created quite a stir when she issued a memorandum (GC 21-06) (“Memo”) bearing the subject line “Seeking Full Remedies.” The Memo...more
9/15/2021
/ Administrative Remedies ,
Collective Bargaining ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Labor Law Violations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Proposed Legislation ,
Unfair Labor Practices ,
Unions
After only a few days in the White House, President Joe Biden and Vice President Kamala Harris have already made notable changes to the leadership of federal agencies that administer the nation’s labor and employment...more
2/3/2021
/ Biden Administration ,
Federal Labor Laws ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Minimum Wage ,
Union Organizers ,
Unions ,
Wage and Hour ,
Webinars
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
Back in December 2019, HRLegalist blogged about the National Labor Relations Board’s (“NLRB”) new union election rules. This set of rules was a sweeping series of reforms that sought to slow down the union elections process,...more
This week the National Labor Relations Board (“NLRB”) released the final version of its new standard for the test to be used in determining whether workers are jointly-employed by affiliated businesses (like in scenarios with...more
2/28/2020
/ Browning-Ferris Industries of California Inc. ,
Control Test ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Joint Employers ,
New Rules ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Union Representatives ,
Unions
On January 25, 2019, the National Labor Relations Board (NLRB) issued an opinion in SuperShuttle DFW, Inc., holding that SuperShuttle DFW franchisees are independent contractors rather than employees and therefore not...more
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
On August 27, 2015, the National Labor Relations Board (“NLRB”) diverged from three decades of precedent by broadening the reach of its joint-employer test in a decision involving Browning-Ferris Industries (“BFI”), a waste...more
10/9/2015
/ Best Management Practices ,
Browning-Ferris Industries of California Inc. ,
Joint Employers ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Subcontractors ,
Teamsters ,
Temporary Employees ,
Unfair Labor Practices ,
Unions
Feeling the holiday spirit, the National Labor Relations Board (NLRB) (i.e., management’s “Grinch”) has stolen any chance for employers to enjoy the holidays, while bestowing another significant Christmas gift on Big...more
In a long-awaited decision, the National Labor Relations Board (NLRB) unanimously held that women’s shoe sales associates from two different departments within Bergdorf Goodman’s New York store could not be combined into a...more
Director of the Chicago Region of the National Labor Relations Board (NLRB), Peter Sung Ohr, ruled that Northwestern University scholarship football players are entitled to have a union election because they are “employees”...more
Although most employers would agree that gossip in the workplace is detrimental to employee morale and productivity, banning it could be a risky proposition. In a recent decision, Laurus Technical Institute, NLRB ALJ, No....more