News & Analysis as of

Hiring & Firing The National Labor Relations Act Collective Bargaining

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -

House Passes Bill Limiting Joint-Employer Liability

by Ballard Spahr LLP on

The U.S. House of Representatives last week passed H.R. 3441—the Save Local Business Act—which, if enacted, would redefine the term "joint employer" under the National Labor Relations Act (NLRA) and the Fair Labor Standards...more

Passage of the Save Local Businesses Act in the House May Signal a Broader Rejection of Obama-Era Rules On Joint Employment

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 7, 2017, the U.S. House of Representatives passed the Save Local Businesses Act. If passed by the Senate, the bill would overturn Obama-era decisions and agency guidance broadly defining and...more

Auto Manufacturer Pays Over $20 Million To Settle Union Dispute

by Fisher Phillips on

The National Labor Relations Board (NLRB) recently announced that it negotiated a $21.6 million settlement on behalf of the International Brotherhood of Teamsters to settle allegations that VIUSA, Inc. refused to hire a group...more

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

by Womble Bond Dickinson on

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Key California Employment Law Cases: September 2017

by Payne & Fears on

This month’s key California employment law cases involve wage and hour issues, arbitration, and employment discrimination based on marital status....more

DOL Withdraws Guidance Letters Leaving Employers to Pick up the Pieces

On June 7, 2017, the U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s (“DOL”) guidance on independent contractors and joint employment issued during the Obama administration,...more

National Labor Relations Board Finds Union Supporter’s Profanity-Laden Rant Unprotected by the National Labor Relations Act

by McGuireWoods LLP on

In a rare win for the employer, the National Labor Relations Board (the “Board”) unanimously affirmed an Administrative Law Judge’s (“ALJ”) decision that the termination of a union bargaining-committee representative for a...more

Courts Disagree on Whether Locally Enacted "Right-to-Work" Laws Are Pre-empted by the NLRA - Illinois District Court and Sixth...

by Holland & Knight LLP on

The National Labor Relations Act (NLRA) generally permits private sector employers and unions to agree to include "union security" provisions in their collective bargaining agreements. Union security provisions promote...more

Federal Appeals Court Rules Counties May Enact Right To Work Laws

by Proskauer - Labor Relations on

The term “right to work state” is fairly well known. After all, 25 of the United States are “right to work states,” states which have enacted laws prohibiting compulsory unionism as part of a collective bargaining agreement....more

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

by Littler on

In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

More Mythbusting

by Zelle LLP on

Here at the Navigator, we were very pleased by the positive reaction to last month’s post about employment law myths that can get employers in trouble, and we’re glad it was helpful. Although the inaccurate beliefs described...more

New York City Expands Law Governing Displaced Building Service Workers

by Littler on

Mayor Bill de Blasio recently signed a bill amending the New York City Displaced Building Service Workers Protection Act (“the Displaced Workers Act” or “the Act”), first enacted by the City Council in 2002. As originally...more

NLRB Holds That Hiring Permanent Strike Replacements Can Constitute an Unfair Labor Practice

The National Labor Relations Board (“NLRB”) and the courts have long recognized an employer’s right to hire permanent replacements for economic strikers. Permanent replacements have traditionally been viewed as an employer’s...more

Employment Law Commentary - Volume 27, Issue 8, September 2015

by Morrison & Foerster LLP on

The NLRB’s Decision In Browning-Ferris Industries Of California (2015) One Month Later: Is The Sky Falling For Employers? - The short answer to the question is, “Not yet.” Browning-Ferris Industries of California, Inc....more

National Labor Relations Board Rewrites Decades-Old Joint Employer Standard

by Best Best & Krieger LLP on

New Standard Leaves No Predictability Regarding the Identity of the “Employer” - The National Labor Relations Board recently made sweeping revisions to the standard for determining if two or more entities are joint...more

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

by Cozen O'Connor on

More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate...more

Divided NLRB Adopts New Standard for Determining "Joint Employer" Status

In what is widely viewed as yet another victory for organized labor at the National Labor Relations Board ("Board"), last week the Board issued a decision lowering the bar for determining when two or more employers may be...more

NLRB Expands Joint-Employer Standard: Exercising Direct Control No Longer Required

by Reed Smith on

The National Labor Relations Board (“NLRB”) overturned decades-old precedent by vastly expanding its definition of “joint employer,” upending established federal labor law and creating tremendous uncertainty for companies....more

Franchisors Could Be “Joint Employers” Under NLRB’s Newly Expanded Test

by Perkins Coie on

Overturning over 30 years of precedent, the National Labor Relations Board (NLRB) on August 27, 2015, “refined” its test for determining whether two separate and independent business entities are a “joint employer” of the...more

NLRB Expands “Joint Employer” Definition

by Polsinelli on

In a pivotal decision on August 27, the National Labor Relations Board “refined” its test for determining joint-employer status, broadening the scope of employers subject to joint collective bargaining and concerted activity...more

NLRB’s Expanded “Joint Employers” Test: The Employers’ Perspective

by Perkins Coie on

The decision by the National Labor Relations Board (NLRB) last week in BFI Newby Island Recyclery expands the circumstances in which two otherwise separate and independent employers may be found to be joint employers of a...more

Life After Browning-Ferris: What Employers Need to Know Under the New Joint Employer Regime

by Cozen O'Connor on

Many employers have rested long and easy in the knowledge that the National Labor Relations Board would not consider them to be joint employers with entities such as franchisees, staffing agencies, and contractors unless they...more

Just in Time for Labor Day – Employees You Didn’t Know Were Yours

by McCarter & English, LLP on

The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for...more

NLRB Adopts New Joint Employer Standard

by Ballard Spahr LLP on

The National Labor Relations Board (NLRB) handed organized labor a major victory that in certain contexts will likely give unions significantly increased leverage at the bargaining table in a landmark ruling issued on...more

Everything Old is New Again: NLRB’s Decision “Restates” Joint Employer Standard

by Franczek Radelet P.C. on

In a landmark ruling yesterday, the National Labor Relations Board (the Board) dramatically revised its standard for determining when two businesses constitute “joint employers” for purposes of collective bargaining and...more

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