News & Analysis as of September 25, 2024

Employer Liability Issues

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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 Says Employers Must Continue to Deduct Union Dues After CBA Expiration

Steptoe & Johnson PLLC on 10/7/2022

On October 3, in the case of Valley Hospital, the National Labor Relations Board answered a question that has impacted employers for almost 60 years: whether, under Section 8(a)(5) of the National Labor Relations Act, an...more

NLRB Upends Traditional Backpay Formula Providing Potential Windfall to Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/2/2016

In calculating backpay owed to former employees the National Labor Relations Board (NLRB) has concluded were wrongfully terminated, the Board has historically deducted any interim earnings. In calculating interim earnings,...more

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

McCarter & English, LLP on 9/1/2015

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 Affirms Its Previous Decision Requiring Employer to Continue Providing Annual Wage Increases Beyond Contract Expiration

Seyfarth Shaw LLP on 6/22/2015

We previously blogged about the NLRB’s relatively shocking September 2012 decision in Finley Hospital (359 NLRB No. 9), in which the Board held that an employer was required to continue providing wage increases after the...more

No, You Cannot Prohibit Employees from Protesting or Discussing Their Wages

Akerman LLP - HR Defense on 4/8/2015

A reminder to employers concerned about employees’ discussing their wages or acting in concert to petition for higher wages: This is legally protected activity that employers cannot prohibit or restrain. A recent National...more

The NLRB Issues Key Rulings Regarding Employee E-Mail Use, Deferrals To Arbitration, And Representation-Case Procedures

Laner Muchin, Ltd. on 1/28/2015

The 2014/2015 holiday season marked a period of change for the National Labor Relations Board (NLRB). First, on December 11, 2014, the NLRB ruled that under Section 7 of the National Labor Relations Act (NLRA) employees can...more

NLRB Says Individual Gripes About Wages are "Inherently Concerted" Activity

Baker Donelson on 1/28/2015

Many employers consider it appropriate to discourage employees from discussing compensation with their coworkers. Particularly in non-unionized environments, employers may not think twice before disciplining employees for...more

NLRB to McDonald’s: Not Lovin’ It

BakerHostetler on 8/1/2014

In a breathtaking announcement issued on July 29, 2014, the Office of the General Counsel of the National Labor Relations Board has authorized the issuance of complaints against McDonald’s USC, LLC in at least 43 unfair labor...more

How Employers Fared With the Supremes This Term and What the Future May Hold

Polsinelli on 7/14/2014

During its recently concluded 2013 term, the U.S. Supreme Court issued decisions in two labor and employment cases, three constitutional or quasi-constitutional cases that impact labor and employment concerns, and one tax...more

Employment Law - June 2014

Manatt, Phelps & Phillips, LLP on 6/11/2014

Appellate Court Tosses Employee’s Seating Suit - Why it matters: An employer won a rare victory in a suitable seating case when a California appellate court affirmed summary judgment in a suit brought by a sample...more

Fenwick Employment Brief - April 2014

Fenwick & West LLP on 4/22/2014

Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments - Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more

Take 5 Newsletter: Five Hot Topics in Hospitality Law

Epstein Becker & Green on 4/18/2014

ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more

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National Labor Relations Board › Wages › Employer Liability Issues

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