News & Analysis as of September 25, 2024

Reversal

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

NLRB Finds GW Hospital Failed to Bargain in Good Faith in Reversal of Vacated Decision

Sheppard Mullin Richter & Hampton LLP on 5/14/2024

On May 8, 2024, the National Labor Relations Board (“Board”) issued a decision reversing a 2021 decision the Board previously vacated after former Board Member William Emanuel, who participated in the ruling, was found to...more

NLRB Upholds Ban On Use Of Company Email For Union Organizing

Fisher Phillips on 6/2/2020

The National Labor Relations Board took the opportunity last week to double down on its recent reversal of the Purple Communications doctrine, holding that T-Mobile USA did not violate federal labor law by implementing a rule...more

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

Fisher Phillips on 1/7/2020

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

#BigIdeas2020: NLRB’s Actions Impact Employers in 2020 - Employment Law This Week® - Trending News

Epstein Becker & Green on 1/6/2020

A Trending News interview from Employment Law This Week®, featuring attorney Steve Swirsky, Member of the Firm: The National Labor Relations Board (NLRB) ended the year with a flurry of activity, including the relaxing of...more

NLRB Clears the Purple Haze Around Employee Use of Employer E-mail

Spilman Thomas & Battle, PLLC on 12/19/2019

The NLRB reversed the controversial holding in Purple Communications, which allowed employees to use their employer's e-mail system during non-working hours to engage in Section 7 protected discussions regarding wages, hours...more

The NLRB Rules That Employers May Bar Union Representatives From Their Property Even Though They Have Allowed Other Third Parties...

Sheppard Mullin Richter & Hampton LLP on 9/11/2019

Setting clear and reasonable standards for taking access to an employer’s private property is high on the National Labor Relations Board’s agenda. Not only is the Board talking about issuing formal rules in this area, but the...more

An Employer’s Erroneous Announcement To Employees Declaring Them Independent Contractors Does Not, Standing Alone, Violate The...

Sheppard Mullin Richter & Hampton LLP on 9/6/2019

Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the...more

SuperVision - Labor & Employment Law Insights - Issue 1, March 2019

Spilman Thomas & Battle, PLLC on 3/14/2019

The Editor's Note - Welcome to 2019's first edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group... ...In this edition of SuperVision, Carrie Grundmann explains a recent...more

Employment Law Developments and Trends in 2018 for Nevada Employers

Payne & Fears on 1/11/2019

Employment law is a dynamic practice area in which new law develops each year. Last year was no exception. This article, originally published in Nevada Lawyer by Matthew L. Durham and Chad D. Olsen, discusses notable...more

Eleventh Circuit Reverses NLRB Order, Enforcing Individualized Arbitration Clause In Employee Agreement

Carlton Fields on 8/1/2018

A pizza delivery driver employed by Domino’s Pizza franchisee Cowabunga Inc. filed a collective action under the Fair Labor Standards Act with the National Labor Relations Board. ...more

Unicorn Sighting: NLRB Overturns ALJ Credibility Determination

Proskauer - Labor Relations Update on 3/15/2018

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

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

Proskauer - Labor Relations Update on 3/5/2018

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,...more

Back To Square One: NLRB Reverts To Unworkable Joint-Employer Test – For Now

Fisher Phillips on 2/27/2018

In what employers are sure to hope is just a temporary—but stinging—setback, the National Labor Relations Board today vacated its December ruling that had freed employers from having to deal with an unworkable and expansive...more

NLRB’s Acted More Like “Advocate Than Adjudicator” In Issuing Decision, DC Court of Appeals Concludes

Proskauer - Labor Relations Update on 8/10/2017

When bargaining over an agreement, it is common to hear union representatives ask “why do we need such elaborate language in an agreement? We are always reasonable.” To which, the company usually responds, “We think you’re...more

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National Labor Relations Board › Employer Liability Issues › Reversal

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