News & Analysis as of September 20, 2024

Appeals

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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 -

Internal Employee Grievance Committees Can Violate Federal Labor Laws

Parker Poe Adams & Bernstein LLP on 1/19/2024

When faced with potential employee organizing activity, some employers react by trying to address worker grievances through alternatives to union representation. Sometimes these approaches involve establishing an internal...more

OFCCP Week In Review: April 2022 #2

DirectEmployers Association on 4/11/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

This Week at the Ninth: Sports, Drugs, and Pensions

Morrison & Foerster LLP - Left Coast Appeals on 8/14/2020

This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship. In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more

Seventh Circuit Affirms NLRB in Upholding Discharge of Fast and Furious Employee for Highway Misconduct

Littler on 9/16/2019

In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more

National Labor Relations Board Affirms Employee's Right to Complain at Team Building Lunch

Parker Poe Adams & Bernstein LLP on 6/7/2019

When employers establish internal forums for employee comments, they may not anticipate that employees will use this as an opportunity to criticize the company and management. Employers also may not realize that such...more

D.C. Circuit Denies Enforcement of NLRB’s Decision Applying Pacific Lutheran Standard

Seyfarth Shaw LLP on 3/19/2019

Seyfarth Synopsis: An important issue for colleges and universities is whether faculty are “managerial” employees under the National Labor Relations Act, and thus precluded from union organizing. ...more

D.C. Circuit Partially Upholds Obama-Era Joint Employer Test

Parker Poe Adams & Bernstein LLP on 1/14/2019

Perhaps the top priority of the Trump-appointed National Labor Relations Board has been to reverse its predecessor’s decision in Browning-Ferris. This decision expanded the traditional notion of joint employment, giving the...more

Eleventh Circuit Remands Arbitration Case to NLRB in Light of Supreme Court Decision

Parker Poe Adams & Bernstein LLP on 7/12/2018

In May in its Epic Systems decision, the U.S. Supreme Court upheld the ability of employers to compel individual mandatory arbitration of employment disputes as an alternative to class or collective action litigation....more

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

Sheppard Mullin Richter & Hampton LLP on 3/5/2018

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

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