News & Analysis as of

Unfair Labor Practices

Caution: Conferring Benefits to Employees May Be An Unfair Labor Practice

by Polsinelli on

Two recent decisions illustrate that the provision of benefits to employees prior to or during a union organizing campaign may violate the National Labor Relations Act (“NLRA” or “Act”)....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

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

What a Fool Believes? These Non-Fake Employment News Stories

by Littler on

Over the last few months, many employees have sounded the alarm about sexual harassment (not funny). One issued a false alarm about an impending nuclear disaster (also not terribly funny). Sometimes Human Resources...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

Unicorn Sighting: NLRB Overturns ALJ Credibility Determination

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

Top Five Labor Law Developments For February 2018

by Jackson Lewis P.C. on

1.The National Labor Relations Board has vacated its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Feb. 26, 2018), and restored the Board’s union-friendly joint employer test set forth in...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

Not Out of the Woods Yet: NLRB Vacates Employer-Friendly Joint Employer Standard

by Miles & Stockbridge P.C. on

During the brief period in late 2017 when there was a 3-2 Republican majority on the National Labor Relations Board, the Board issued a few decisions undoing some of the most union- or employee-friendly decisions of the...more

Liability for Employee Misclassification is on the NLRB’s Chopping Block

by Foley & Lardner LLP on

The National Labor Relations Board (NLRB) has recently taken one step forward, two steps back in terms of providing certainty to employers that use independent contractors. On February 16, the NLRB invited briefing on the...more

Labor Board Debates Whether To Add Insult To Injury In Misclassification Debate

by Fisher Phillips on

Imagine one of your worst corporate nightmares comes true: a government body has determined that you have misclassified your workers, and they should be considered employees and not contractors. The ramifications could be...more

General Counsel Dishes Up Advice on 43 Charges, Including Google’s Decision to Terminate an Employee for Harassment and a Union’s...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In some early spring cleaning, last week the NLRB’s Office of General Counsel released 43 memos authored by its Division of Advice meant to provide guidance to regional offices on pending charges. Here are...more

NLRB Solicits Briefs On Independent Contractor Misclassification As ULP Issue

by Jackson Lewis P.C. on

National Labor Relations Board Administrative Law Judge Arthur J. Amchan had ruled in Velox Express, Inc. that misclassification of employees as independent contractors violates Section 8(a)(1) of the National Labor Relations...more

General Counsel Memorandum Maps New Direction for the National Labor Relations Board (NLRB)

by Robinson & Cole LLP on

On December 1, 2017, recently appointed General Counsel Peter B. Robb (“Robb”) of the National Labor Relations Board (“the Board”) issued a memorandum outlining the direction he intends to guide the prosecutorial arm of the...more

2018 Outlook on Federal Labor Laws

by Kelley Drye & Warren LLP on

While President Donald Trump is not known for a deliberate approach, the long-anticipated shifts in labor law and policy is starting to take shape in an efficient and measured form. The National Labor Relations Board (“NLRB”...more

The NLRB Signals Significant Shift On Permissible Picketing Techniques

by Husch Blackwell LLP on

The National Labor Relations Board found that a union committed an unfair labor practice by repeatedly blocking ingress and egress to a hotel for periods of one to four minutes. The opinion provides details about the union’s...more

NLRB General Counsel Mulling New ULP Case Processing Procedures

by McGuireWoods LLP on

In a January 29, 2018 email, the Office of the General Counsel of the National Labor Relations Board informed its Regional offices of potential changes it is considering with respect to how the NLRB processes unfair labor...more

Employers Beware: Potential Rise in Union Corporate Campaigns

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Although many employers may think they can let their guard down a little bit when it comes to the NLRB under the Trump Administration, history suggests otherwise. During the last Republican Administration,...more

GC Robb’s Proposed Structural Changes To NLRB Draw Fire

by Jackson Lewis P.C. on

NLRB General Counsel Peter Robb’s reported comments on a January 11, 2018, conference call about his proposed changes to how the NLRB operates has stoked resistance from NLRB career staff and others. Robb reportedly plans to...more

New NLRB Decisions Favor Employers

by Akerman LLP - HR Defense on

With the change to a Republican President and the appointment of new NLRB members, the expectation that more pro-employer decisions will be issued has begun. Several NLRB decisions have re-established prior labor law...more

NLRB General Counsel Signals Important Changes At NLRB

by Jackson Lewis P.C. on

National Labor Relations Board General Counsel Peter Robb continues to outline his plans for change at the NLRB. First came his sweeping five-page Memorandum directing NLRB Regional Offices to submit to his Division of...more

Out With the Old, In With the New: Is This the “New” NLRB?

by Burr & Forman on

As you have likely seen by now, December was quite a busy month for the National Labor Relations Board (“the Board”). The Board issued major decisions affecting employers, and Peter Robb, the new General Counsel for the Board...more

Workplace Civility Legal Again

by Akerman LLP - HR Defense on

Rules mandating workplace civility and protection of confidential business information — recently the target of the National Labor Relations Board — are lawful again....more

Labor & Employment E-Note - December 2017

by Burr & Forman on

In the past eight plus years, the National Labor Relations Board (the “NLRB” or the “Board”) with a Democratic majority under former President Barack Obama (the “Obama Board”) has issued labor friendly decisions that have had...more

End of the Year Whirlwind for Labor and OSHA Matters! Part II of III – NLRB.

by Fisher Phillips on

No other agency so radically changed the law under the Obama Administration; nor galvanized so much management-side resistance as the National Labor relations Board (NLRB). So it seems appropriate that the NLRB would stagger...more

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