News & Analysis as of

Corporate Counsel National Labor Relations Board

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

Five Key Independent Contractor Legal Developments in 2017 – and What to Expect in 2018 (Part I)

by Locke Lord LLP on

2017 was notable for a shift in the law of independent contractors. Part 1, below, discusses five key legal developments from 2017 you should be aware of. Part 2, which will follow tomorrow, offers readers predictions of what...more

December 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

There were no notable settlements in independent contractor misclassification class action cases that came to our attention last month, but there was an array of significant IC cases in various stages of litigation. Two of...more

2018 Employment Handbook Review: 8 Key Policy Updates

by Winstead PC on

With the start of the new year right around the corner, it is the perfect time for employers to dust off their employee handbooks and consult with counsel on policy updates. Many policies remain the same year after year....more

NLRB Upends Obama-Era Board Rule on Employer's Obligations to Bargain

by Holland & Knight LLP on

• The National Labor Relations Board (NLRB) has held that employers are once again permitted to implement changes to terms of employment that are consistent with past practice without needing to give notice to and bargain...more

NLRB Overturns Obama Board's Expansion of the Joint-Employer Doctrine

by Holland & Knight LLP on

• A recent National Labor Relations Board decision unexpectedly reversed a controversial Labor Board ruling issued during the Obama administration that had dramatically expanded the joint-employer doctrine and made companies...more

In Flurry of Activity, National Labor Relations Board Restores Pre-Obama Precedent

by Conn Maciel Carey LLP on

One of the most visible manifestations of the maxim that elections have consequences is illustrated by the regular oscillations in labor policy at the National Labor Relations Board (“Board”) that follow elections in which an...more

NLRB Reverses Controversial BFI Joint Employer Standard

Just hours before Chairman Miscimarra’s tenure is to end, the National Labor Relations Board (NLRB) has issued two decisions with sweeping impact. Together, they overturn many of the Obama Board’s most controversial decisions...more

NLRB Overrules Browning-Ferris Joint Employer Standard

On November 14, 2017, the National Labor Relations Board (“Board”) overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”) and returned to the pre-BFI standard that governed joint employer liability. Hy-Brand...more

Micro-Units Are Dead: Labor Board Returns To Traditional “Community Of Interest” Factors For Union Elections

by Fisher Phillips on

One day after overturning the Obama-era’s joint-employer standard and in the waning days of Philip Miscimarra’s Chairmanship, the National Labor Relations Board struck down the pro-union use of micro-units, a tool used to...more

NLRB Reinstates Reasonableness Settlement Standard in its First Reversal Under Trump Administration

by Fisher Phillips on

On December 11, 2017, the NLRB ruled that an ALJ in Pittsburgh properly accepted a partial settlement offered by University of Pittsburgh Medical Center (UPMC) despite objections from the agency’s general counsel and the...more

November 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

This past month’s legal developments in the area of independent contractor misclassification and compliance was notable for some non-class action cases: one where two office workers in New York, who were found by a jury to...more

NLRB Judges Regain Power to Approve Partial Settlements

National Labor Relations Board (NLRB) Administrative Law Judges (ALJs) have regained the power to approve partial settlements of Unfair Labor Practice charges (ULPs) – even if the NLRB’s General Counsel, and the charging...more

New Sheriff(s) In Town: The NLRB Issues New Test For Workplace Rules - Boeing Co. Signals The End Of Lutheran Heritage And Its...

by Fisher Phillips on

The National Labor Relations Board just relieved employers of a great deal of uncertainty surrounding seemingly innocuous workplace rules and handbooks. The newly constituted NLRB issued its first round of significant...more

That’s a Wrap! Highlights in Labor & Employment from 2017

This year has brought about many changes to the world of labor and employment law. This newsletter highlights a few of the most important developments from 2017 that will carry forward in 2018 and beyond, why they matter, and...more

Trump Board Overrules Workplace Rules Analysis

by Jackson Lewis P.C. on

In a stunning development, the National Labor Relations Board has decided that when determining the legality of a facially neutral rule under the National Labor Relations Act, it will consider (i) the nature and extent of the...more

NLRB Overrules Browning-Ferris Joint Employer Standard, Reinstates Former Test

by Jackson Lewis P.C. on

The National Labor Relations Board has overruled, 3-2, Browning-Ferris Industries, 362 NLRB No. 186 (2015) and returned to the pre–Browning Ferris standard that governed joint-employer liability. Hy-Brand Industrial...more

NLRB Hints That “Ambush” Election Regulations May Be Rescinded

by Proskauer - Labor Relations on

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...more

No Winter Blues Here: GC Memorandum 18-02 Brings Handbook Cheer to Employers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

New NLRB GC Memorandum Signals Changes are Ahead

by Littler on

The National Labor Relations Board's new General Counsel, Peter Robb, has wasted no time in taking steps to chart a new direction for the Board. Two weeks after being sworn in as General Counsel, Robb has issued Memorandum...more

New Labor Board General Counsel Issues Plans For Reversing Course

by Jackson Lewis P.C. on

In a sweeping five-page Memorandum, new National Labor Relations Board General Counsel Peter B. Robb has directed NLRB Regional Offices to submit to his Division of Advice for review cases involving “significant legal...more

A Holiday Treat for Labor Lawyers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated treats for...more

InterConnect FLASH! No. 64 - NLRB Rules against Employee Status for Menard’s Drivers

by Benesch on

A National Labor Relations Judge dismissed an action brought by the National Labor Relations Board (“NLRB”) regional director against Menard, Inc. (“Menards”) for misclassifying its independent contractor (“ICs”) drivers in...more

Employment Law This Week®: New York Employee Scheduling Regulations, NLRB General Counsel Confirmed, Decrease in EEOC Charge...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Outgoing NLRB General Counsel Leaves Parting Gift: A Warning to Preserve Evidence

by Faegre Baker Daniels on

Just before National Labor Relations Board (NLRB) General Counsel Richard F. Griffin’s term expired on October 31, 2017, Griffin quietly left a parting gift to those who file charges at the agency (usually unions and...more

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