Proskauer - Labor Relations

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Firm Profile: Proskauer Rose LLP
2049 Century Park East
Los Angeles, CA 90067-3206, United States
Phone: 212.969.3000
Fax: 212.969.2900
Areas of Practice
  • Commercial Law & Contracts
  • Labor & Employment Law
  • Litigation
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Other U.S. Locations
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  • D.C.
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NLRB Considers Rulemaking to Address Hotly-Contested Joint-Employer Standard

As we previously reported the NLRB’s “joint employer” standard has vacillated over the last several years, and currently remains in flux. For historical reference, the NLRB expanded the scope of joint-employment in 2015 in…more
 /  Administrative Law, Labor & Employment Law

Thorough Employer Investigation Helps Establish Employer’s “Honest Belief” of Employees’ Picket Line Misconduct

The Board is now operating at a full complement and is issuing decisions on a fairly regular basis. Nothing earth shattering in terms of law (which is kind of a relief) but there are some interesting issues worth discussing. A…more
 /  Administrative Law, Civil Rights, Labor & Employment Law

Gridlock Broken: Senate Confirms John Ring as Newest Member of NLRB

By a vote of 50 to 48 the U.S. Senate confirmed Republican John Ring as a Member of the National Labor Relations Board, giving the agency a full five member complement. Member Ring, whose term expires December 16, 2022, takes…more
 /  Administrative Law, Elections & Politics, Labor & Employment Law

Unicorn Sighting: NLRB Overturns ALJ Credibility Determination

As we have seen, there are few things that can be counted on in labor relations. Oftentimes, several experts look at the same problem and come to vastly different conclusions. What is (almost) guaranteed, however, is that the…more
 /  Administrative Law, Civil Procedure, Civil Rights, Labor & Employment Law

Impulse Control? NLRB Finds Employee’s Misconduct To Be Deliberate and “Predetermined” and Not Protected

The past few weeks on the Labor Board front have been fairly routine, save for, of course, the high drama associated with the NLRB reversing its own decision (lest anyone think this is a super significant development, remember…more
 /  Administrative Law, Labor & Employment Law

ABOUT FACE! Under Pressure, NLRB Vacates Joint Employer Standard and Returns to Browning-Ferris

In an unexpected and critical turn of events, after extensive political pressure, the NLRB, sitting as a three-member panel comprised of Chairman Kaplan and Members Pearce and McFerran, vacated last year’s decision in Hy-Brand…more
 /  Administrative Law, Labor & Employment Law

Turns Out Attempting To Insert New Term Into Collective Bargaining Agreement Not Agreed To In Negotiations Violates The Law…Who Knew?

As we have noted previously, the make-up of the Board currently stands at four out of five total members, divided evenly between two warring factions making it pretty much impossible to change the law which requires a majority…more
 /  Administrative Law, Commercial Law & Contracts, Labor & Employment Law

NLRB Reverses Information Request Decision…After Court Reverses Board Decision

December saw a flurry of decisions by the NLRB as it briefly held a full complement. The Board currently has only four members and so law-changing decisions are less likely to occur until a new member is confirmed…more
 /  Administrative Law, Labor & Employment Law

NLRB Restores Ability Of ALJ’s To Accept Settlement Offers Over Objection of Charging Party and General Counsel- Overrules One Year Old Precedent

In the last few years, December has been a time of change at the NLRB. The last few Decembers have seen precedent overturned and other sweeping decisions issue from the Board. This December is no different. With Chairman…more
 /  Administrative Law, Civil Remedies, Labor & Employment Law

A Return to Clarity: Traditional Joint Employer Test Reinstated

As we noted last week, one of the more controversial Obama-Board rulings expanding joint employer liability was overruled this past week. In a widely-predicted 3-2 decision (Miscimarra, Kaplan, Emanuel), the NLRB,…more
 /  Administrative Law, Franchise Law, Labor & Employment Law

On A Roll: Board Finds No Bargaining Obligation Attaches to Unilateral Actions Consistent with Past Practice

On the eve of Chairman Miscimarra’s departure, the Board has been churning out decision after decision, many of them reversing precedents from the last 8 years. Today, the NLRB, in Raytheon Network Centric Systems, 365 NLRB…more
 /  Administrative Law, Labor & Employment Law

Handbook Wars – Common Sense Returns NLRB Overhauls Standard for Legality of Work Rules

We have noted many times over the years how the NLRB’s zeal to review employer policies, or more correctly, fragments of employer policies, for lawfulness has led to nettlesome issues that rarely, if ever, involve actual…more
 /  Administrative Law, Labor & Employment Law

“Micro-Units” Eliminated: NLRB Overturns Specialty Healthcare

Adding to the list of falling precedents in the waning days of Chairman Miscimarra’s term, on Friday, the NLRB reversed another of the seminal decisions of the Obama-Board when it overruled the highly controversial Specialty…more
 /  Administrative Law, Health, Labor & Employment Law

Here We Go: The Full Board Finally Starts to Make Its Mark

NLRB Reverses Precedent on Joint Employer Liability and Standard Governing Employee Handbooks - This afternoon, just two days prior to the end of Chairman Philip Miscimarra’s term, the NLRB issued a pair of 3-2 decisions…more
 /  Administrative Law, Labor & Employment Law

NLRB Hints That “Ambush” Election Regulations May Be Rescinded

Things are moving fast and furiously at the NLRB. Last week we saw the new General Counsel issue a sweeping memo which rescinded many policy guidelines and initiatives of his predecessor and highlighted the Board precedent from…more
 /  Administrative Law, Labor & Employment Law
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