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Administrative Agency General Business Labor & Employment

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
Dentons

NLRB allows employers to impose an arbitration agreement after class/collective action has been filed

by Dentons on

On August 14, 2019, the National Labor Relations Board issued a decision in the case of Cordúa Restaurants, Inc. et al.(Cordúa Restaurants) that expands the US Supreme Court’s decision in Epic Systems Corp. v. Lewis and...more

Proskauer - Labor Relations

NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

by Proskauer - Labor Relations on

On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Holds That Employers May Implement Class Waivers in Response to Class Claims and Discipline Employees Who Refuse to Sign...

Employers wishing to implement class action waivers in response to class claims and discipline employees who refuse to sign them just got some very good news from the National Labor Relations Board (NLRB or Board) in Cordua...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Just Made It A Little Easier For Employees To Get Rid Of Their Union

Unionized workers wishing to rid themselves of continued union representation (and their employers) just got some very good news from the National Labor Relations Board (NLRB or Board) with the issuance of Johnson Controls,...more

Fisher Phillips

NLRB Streamlines Process For Employers To Withdraw Union Recognition

by Fisher Phillips on

The National Labor Relations Board just relaxed its test for determining the legality of an employer’s anticipatory withdrawal of union recognition prior to the expiration of the collective bargaining agreement. In the July 3...more

Proskauer - Labor Relations

Independence Day Comes Early For Employees Seeking To Shed Union Representation

On the eve of Independence Day, the NLRB, in a 3-1 decision (Member McFerran dissented), clarified the law concerning withdrawal and enunciated a new framework for determining whether a union has retained majority support at...more

Sheppard Mullin Richter & Hampton LLP

NLRB Limits Duty to Bargain Over Disciplinary Actions

A unionized employer must bargain with its employees’ union before making any unilateral changes in employees’ wages, hours, working conditions or other terms and conditions of employment. Such changes are commonly referred...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Third Thursdays with Ruthie: Negotiating Union Security and Dues Checkoff Provisions

Union security and dues checkoff are both important subjects that come up during collective bargaining. In this episode of the Third Thursdays podcast, Ruthie Goodboe discusses the impact of union security and dues checkoff...more

Fisher Phillips

Time To Revisit Arbitration Agreements: Employers Dealt A Blow By Unanimous Labor Board

by Fisher Phillips on

Employers may be surprised to learn that the Republican-controlled National Labor Relations Board just issued a unanimous decision invalidating an employer’s mandatory arbitration agreement that could be reasonably...more

Fisher Phillips

Web Exclusive: May 2019: The Top 17 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Sheppard Mullin Richter & Hampton LLP

It’s OK to Be Different- NLRB Rules That Union Represented Employees Are Not Entitled to Midterm Bargaining Over Same Paid Holiday...

Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees who are covered by a collective bargaining...more

Bradley Arant Boult Cummings LLP

Exit EEOC? Supreme Court Rules that Charge-Filing Process Is Not Jurisdictional, But It’s Still Important

In a case that garnered big headlines, the Supreme Court weighed in yesterday on whether a claimant’s failure to amend her EEOC charge divests the federal court from hearing part of her Title VII claim. While the decision...more

Littler

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

by Littler on

The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

Polsinelli

NLRB Judge: Requiring Confidential Arbitration is an Unfair Labor Practice

by Polsinelli on

While the U.S. Supreme Court’s recent decisions have generally supported the enforceability of employment-related arbitration agreements, mandatory employment arbitration remains under fire in other contexts.  ...more

Proskauer - Labor Relations

NLRB Rules Employer’s Handbook Statement That Benefit Available To “Non-Union Employees” Violates Act

by Proskauer - Labor Relations on

During the last decade, a number of NLRB decisions faulted employers for written policies that were considered to be overbroad in violation of the National Labor Relations Act. These rulings sprang largely from the NLRB’s...more

Parker Poe Adams & Bernstein LLP

NLRB Overturns 2014 Independent Contractor Test

In a decision with major implications for companies in the “gig economy,” on January 25 the National Labor Relations Board reversed an Obama-era case that established a tougher test for companies to contend that their workers...more

Cozen O'Connor

III-38- Part 2 on Employee Marijuana Use and Two Key NLRB Developments

by Cozen O'Connor on

This episode presents Part 2 of 2 on workplace issues when employees use marijuana, and also discusses two significant developments from the NLRB involving independent contractors and individual employee gripes....more

Benesch

NLRB Restores Independent Contractor Test in SuperShuttle

by Benesch on

On Friday, January 25, 2019, the National Labor Relations Board (“NLRB”) overruled an Obama-era decision focused on determining whether workers were independent contractors or employees and restored entrepreneurship as a key...more

Foley & Lardner LLP

The “Joint-Employer” Saga Continues

by Foley & Lardner LLP on

Litigation continues over the standard for determining how and under what circumstances a joint-employer relationship can exist. On December 28, 2018, the United States Court of Appeals for the District of Columbia Circuit...more

Proskauer - Labor Relations

Union Not Entitled to Information About How Employer Spends Money From Tax Cut, NLRB General Counsel Rules

by Proskauer - Labor Relations on

In prior posts, we have discussed how information requests made in the context of a bargaining relationship can be vexing. The standard of the employer’s obligation to provide information can be a moving target, depending on...more

Robinson+Cole Manufacturing Law Blog

OSHA’s Use of Drones During Workplace Inspections

These days, it is not uncommon to see drones flying overhead. But employers beware…you might see one during your next workplace inspection....more

Proskauer - Labor Relations

Employer’s Representation Petition Not Barred By Existence of Signed Contract, Divided NLRB Rules

by Proskauer - Labor Relations on

As we have noted at times, the human element in labor relations makes for interesting situations.  One of the more interesting issues is the timeliness of representation petitions, which, despite the existence of clear rules,...more

Womble Bond Dickinson

South Carolina Legislative Updates: SCEDA Bill and Tax Conformity Bill

by Womble Bond Dickinson on

SCEDA Bill - On October 3, 2018, the South Carolina General Assembly overrode the gubernatorial veto of S.1043 , known as the “SCEDA Bill.” The SCEDA Bill is an exciting new piece of legislation for certain businesses...more

PilieroMazza PLLC

Weekly Update Newsletter - September 2018 #2

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - House Small Business Committee Calls for a Status Update on FAR Revision of Limitations on Subcontracting. Last week, House Small Business Committee Chairman Steve Chabot and Ranking...more

Foley & Lardner LLP

NLRB Attempts to Clarify Joint-Employer Relationships With Proposed New Rule

by Foley & Lardner LLP on

On September 14, 2018, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking regarding its standard for determining the existence of joint-employer relationships. The proposed rule has the potential...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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