Philip Miscimarra on Employer Liability Issues

New NLRB Rules Favor Mandatory Union Recognition & Limit Employee Voting in Secret-Ballot Elections

The National Labor Relations Board drastically changed the process for unions seeking recognition of most private sector employees in the United States. Abandoning 50 years of established law, in Cemex Construction Materials...more

8/28/2023 / Employer Liability Issues , NLRB , NLRB General Counsel , Unfair Labor Practices , Union Organizers , Unions

NLRB Adopts New Standard for Assessing Facial Lawfulness of Employer Work Rules

The National Labor Relations Board (NLRB or the Board), in a 3-1 decision on August 1, 2023, once again overruled existing precedent and declared that all employer work rules that reasonably could be read to restrict Section...more

8/9/2023 / Employee Handbooks , Employee Rights , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity , Section 7

NLRB General Counsel Takes Aim at Employer Meetings on NLRA Activity, Including Union Election Campaigns

National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum 22-04 on April 7, taking the position that mandatory meetings held by employers addressing Section 7 activity are unlawful—including meetings...more

4/12/2022 / Employer Liability Issues , NLRA , NLRB , NLRB General Counsel , Section 7 , Unions

New NLRB General Counsel Announces Enforcement Priorities as Employers Prepare for Return of Obama-Era Precedent

Newly confirmed National Labor Relations Board General Counsel Jennifer Abruzzo announced her enforcement priorities in a lengthy memorandum released on August 12, 2021. The memorandum requires employers to rethink their...more

8/23/2021 / Biden Administration , Employer Liability Issues , Enforcement Priorities , Independent Contractors , NLRB , NLRB General Counsel , Section 7 , Unfair Labor Practices , Unions

NLRB Protects ‘Scabby the Rat’ Instead of Neutral Parties

The National Labor Relations Board, in one of its most significant decisions in recent years on “union protest” issues, has substantially eroded the protection given to “neutral” parties when unions erect large inflatable...more

7/26/2021 / Employer Liability Issues , First Amendment , Labor Regulations , Labor Relations , NLRA , NLRB , Unions

The PRO Act’s Changes to ‘Independent Contractor’ Status: Unraveling the US Economy

The Protecting the Right to Organize Act, or PRO Act (H.R. 842, S. 420), would make extensive changes in US labor laws, including the PRO Act’s reformulation of “independent contractor” status. This is not a mere technical...more

4/28/2021 / Employee Definition , Employer Liability Issues , Freelance Workers , Gig Economy , Hiring & Firing , Independent Contractors , Labor Reform , Labor Regulations , Legislative Agendas , Misclassification , NLRA , Regulatory Agenda , Wage and Hour

NLRB Limits Protection Given to Abusive, Profane, or Offensive Workplace Conduct

The National Labor Relations Board has finally abandoned its problematic standard around the discipline and discharge of employees who engage in abusive conduct in connection with protected concerted activity. On July 21, the...more

7/28/2020 / Disciplinary Proceedings , Employer Liability Issues , General Motors , NLRA , NLRB , Offensive Language , Protected Concerted Activity , Section 7 , Unfair Labor Practices

Philip Miscimarra

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