News & Analysis as of

Employment Terms The National Labor Relations Act

Fox Rothschild LLP

In Latest Pro-Labor Rulings, NLRB Sharply Curtails Management’s Ability to Change Union Workers' Employment Terms

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In a pair of decisions issued on Aug. 30, 2023, the National Labor Relations Board (NLRB) established new, restrictive standards for evaluating when a unionized employer may avoid bargaining over changes to employees’ terms...more

Sheppard Mullin Richter & Hampton LLP

NLRB Overturns Standard for Independent Contractor Status Under the NLRA

On June 13, 2023, the National Labor Relations Board (the “Board” or “NLRB”) overturned another business-friendly Board decision in favor of a return to a more employee-favorable standard for determining if a worker is an...more

Flaster Greenberg PC

Can I Fire an Employee Who Stormed the Capitol?

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As all eyes were focused on the U.S. Capitol Building and insurgency on January 6th, back home, employers now face questions about whether they can discipline employees who participated in the siege or other off-duty conduct...more

Fisher Phillips

New Light On Handbooks And Work Rules

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During the Obama administration, the National Labor Relations Board (NLRB) rocked the HR world for employers, both union and non-union, by interpreting federal law to create broad restrictions on employer work rules, social...more

Sheppard Mullin Richter & Hampton LLP

It’s Perfectly Clear Once Again— NLRB Limits “Perfectly Clear” Successor Exception

The circumstances under which an asset buyer has a duty to bargain with an incumbent union may be changing. In NLRB v. Burns Security Services, Inc., 406 U.S. 272 (1972), the Supreme Court held that an employer who purchases...more

Polsinelli

NLRB Considers Changing Joint-Employer Standard via Rulemaking Process

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On May 9, 2018, National Labor Relations Board (“NLRB” or “Board”) Chairman John F. Ring announced the Board is considering whether to change the current joint-employer standard via the Board’s rulemaking process. ...more

Proskauer - Labor Relations Update

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

Fisher Phillips

Labor Board Will Soon Issue New Rule To Solve Joint Employment Dilemma

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In a rare procedural move that caught many by surprise, the National Labor Relations Board announced on Wednesday that it will soon start the rulemaking process to clarify the current joint employment standard. Perhaps...more

Fisher Phillips

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

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Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

Fisher Phillips

End of the Year Whirlwind for Labor and OSHA Matters! Part II of III – NLRB.

Fisher Phillips on

No other agency so radically changed the law under the Obama Administration; nor galvanized so much management-side resistance as the National Labor relations Board (NLRB). So it seems appropriate that the NLRB would stagger...more

Holland & Knight LLP

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

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

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