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The National Labor Relations Act

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -

Whiplash: When a Court Finds That the Parties’ Claims Are Within the Scope of a Valid Arbitration Agreement, But It Will Not...

Is there such a thing as an arbitration joke? Here is a test. Two plaintiffs walk into a court, claiming that each was wrongfully terminated by a bank (UBS). The bank moves to compel arbitration by plaintiff one; and it moves...more

Sneaky Section 7 Traps for the Unwary Employer

With only about 6.5 percent of workers in the private sector being represented by unions, many private sector employers pay little, if any, attention to the requirements of the National Labor Relations Act (NLRA)....more

Top Five Labor Law Developments For March 2018

by Jackson Lewis P.C. on

1.The National Labor Relations Board (NLRB) continued to deal with tumult over the “joint-employer” issue. On March 1, the Board asked the U.S. Court of Appeals for the D.C. Circuit to resume considering an appeal of...more

Labor Board Poised To Even Playing Field Once Again - John Ring’s Confirmation Gives NLRB 3-2 Republican Majority

by Fisher Phillips on

With the Senate’s confirmation of John Ring to the National Labor Relations Board on April 11 and the administration’s subsequent announcement on April 12 that he will be designated as the agency’s Chair, the Board is once...more

NLRB GC: Participating In Nationwide ‘Day Without Immigrants’ Is Protected Concerted Activity

by Jackson Lewis P.C. on

Participating in the February 2017 “Day Without Immigrants” demonstration was protected concerted activity, according to an August 30, 2017, advice memorandum released on March 13, 2018, by the National Labor Relations Board...more

Charter Schools Covered By NLRA? Not In Texas

by Jackson Lewis P.C. on

The U.S. has more than 6,000 charter schools. They are authorized in almost every state. While state laws vary, their purpose is the same: to permit alternatives to traditional public schools, unbound by local school...more

An End to the McDonald’s Joint Employer NLRB Litigation

by Polsinelli on

The new General Counsel of the National Labor Relations Board (“Labor Board”), Peter Robb, continues to reshape the agency with his vision. Consistent with his January 2018 promise to consider “settlements of any kind that...more

Key Takeaways from the NLRB’s Flip-Flop on Joint Employment Standards

by K&L Gates LLP on

The National Labor Relation Board’s (“NLRB’s” or “Board’s”) standards for determining joint employment are in flux. In Browning-Ferris Industries, the Obama-era Board overturned three decades of precedent that limited joint...more

Raging Bull: Getting Beat Up On Glassdoor?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and...more

The NEW NLRB: Positive Progress, But One Big Stumble

by Nexsen Pruet, PLLC on

New NLRB Leadership - The National Labor Relations Board (NLRB) is under new leadership and has begun returning the nation to a more balanced labor policy. The NLRB is responsible for enforcing the National Labor...more

Union Requests for Medical Information: Do You Have to Provide It?

Employers often receive requests for medical information from the unions representing their employees. These requests come up in a variety of contexts and include...more

II-29- E-Mail Curfews, the DOL’s New Self-Audit Program, Social Media Discovery, and Other Noteworthy Employment Law Trends and...

by Cozen O'Connor on

This episode welcomes the start of Spring by addressing hot labor and employment developments on e-mail curfews, the DOL’s new voluntary self-audit program, social media discovery in lawsuits, employees losing their...more

Senate Vote On Labor Board Nominee Ring Scheduled

by Jackson Lewis P.C. on

Floor consideration of the nomination of Republican John Ring to be a member of the National Labor Relations Board is scheduled to take place in the Senate on April 9....more

Second Circuit Denies NLRB’s Attempt to Issue Bargaining Order Against Novelis Corp.

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 15, 2018, the Second Circuit Court of Appeals issued its decision in Novelis Corp., et al. v. NLRB, et al., upholding several unfair labor practices against Novelis Corp., but due to passage of...more

Employee’s Improper Access To Secured Area Outweighs Right To Engage In Concerted Activity, NLRB Finds

by Jackson Lewis P.C. on

The National Labor Relations Board has held that an employee lost the protection of the National Labor Relations Act when he improperly accessed a secure area of the employer’s hotel, even though he did so in order to engage...more

Restoring “Balance” To The (Work)Force: The Board Clarifies Its Tests To Determine When “Protected Activity” Becomes Unprotected

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Board affirms an employer’s decision to discharge an employee for engaging in dishonesty and a security breach. In the process, it clarifies the legal standards to be used when assessing whether...more

Joint Employer Standard: Whiplash!

by Akerman LLP - HR Defense on

In a surprising move, the National Labor Relations Board has overturned its recent decision that had overruled an expansive joint employer standard set forth by the previous Obama-era Board. So, at least for the time being,...more

NLRB Upholds Discharge of Employee Whose Protected Activity Included Intentional Deception

by Franczek Radelet P.C. on

On February 28, 2018, the National Labor Relations Board (“Board”) issued an important decision for employers and employees, reminding all that protected activity under the National Labor Relations Act does not always shield...more

NLRB Vacates Joint Employer Decision Based on Possible Conflict

Earlier this year, EmployNews reported that the National Labor Relations Board had reversed its controversial 2015 Browning-Ferris decision, which set a new standard for joint employer liability for labor law violations. In...more

Reed College faces Union vote among its student housing advisors

by Shipman & Goodwin LLP on

Union organizing among students is not just limited to teaching assistants. Other students who are being paid and supervised by a college or university may select a bargaining representative, at least, until the Labor Board...more

Don’t Call It A Comeback: The “Return” Of Workplace Civility Rules

by Fisher Phillips on

Dear Susan, I have to tell you about a situation that has been occurring between John and myself. But it’s not what you think! Well, maybe it is. I don’t know. I’m hoping that, as our supervisor, you can help me. To put it...more

Infighting At NLRB

by Jackson Lewis P.C. on

In response to new National Labor Relations Board General Counsel Peter Robb’s proposed changes to case processing and regional office structure, two groups of senior managers and organizations representing the Board’s...more

Beltway Buzz - March, 2018

NLRB Returns to Amorphous Joint-Employer Standard. Talk about policy oscillation: the National Labor Relations Board’s (NLRB) joint-employer recusal debacle continued this week, perhaps coming to an abrupt end (for now). ...more

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

NLRB Vacates Recent Decision Narrowing Joint-Employer Standard; Broad Browning-Ferris Test Back in Play For Now

by Hogan Lovells on

As we previously reported, the National Labor Relations Board (Board) on December 14, 2017 issued a decision in Hy-Brand Industrial Contractors scrapping a broad and controversial “joint employer” standard in favor of a...more

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