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Unfair Labor Practices Collective Bargaining Wage and Hour

Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on

Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable...more

Polsinelli

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

Polsinelli on

On the eve of its going into effect, a federal court struck down the expansive joint-employment standard announced by the National Labor Relations Board (“NLRB” or “Board”) last fall. At issue is who may be considered a...more

DarrowEverett LLP

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

Jackson Lewis P.C.

Top Five Labor Law Developments for November 2022

Jackson Lewis P.C. on

President Joe Biden signed legislation imposing a collective bargaining agreement between freight carriers and railroad unions, avoiding a nationwide strike. Congress passed the bill utilizing its authority under the Railway...more

Fox Rothschild LLP

Employers Watch Warily as Case Filings at NLRB Soar

Fox Rothschild LLP on

While commentators debate whether or not the economy is in a recession, one area where business is booming is at the National Labor Relations Board, which recently announced a significant increase in case filings for the...more

Amundsen Davis LLC

Employers Beware: Egregious Behavior During Collective Bargaining Can Lead to Paying Attorney’s Fees to the Union

Amundsen Davis LLC on

In a continuance of the labor-friendly trajectory of the National Labor Relations Board (NLRB) under the current administration, the 9th Circuit recently issued a decision upholding the right of the NLRB to award legal fees...more

Amundsen Davis LLC

EMPLOYERS BEWARE: PRO-UNION PRIORITIES ADVANCE AT THE NLRB

Amundsen Davis LLC on

Good, bad or otherwise… no matter your own personal or professional viewpoint, the fact is the National Labor Relations Board (NLRB) is poised to usher in new reforms and implement pro-labor priorities with the intent of...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

Fisher Phillips on

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

Jackson Lewis P.C.

Top Five Labor Law Developments For August 2021

Jackson Lewis P.C. on

1. Democrats now hold a majority of seats on the National Labor Relations Board (NLRB). The new Democratic majority on the NLRB became official on Saturday, August 28, when President Joe Biden’s nominee David Prouty was sworn...more

Proskauer - Labor Relations Update

Second Circuit Adopts “Contract Coverage” Standard as Governing Standard for Unilateral Changes

The NLRB’s “contract coverage” standard for determining whether a collective bargaining agreement privileges an employer to unilaterally change terms and conditions of employment received support last week from a federal...more

Fisher Phillips

COVID-19 Guidance And FAQs For Unionized Employers

Fisher Phillips on

The Fisher Phillips COVID-19 Taskforce has assembled this guidance document, containing answers to a series of Frequently Asked Questions, especially designed for unionized employers. The Taskforce also maintains a...more

Littler

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

Littler on

On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA).  The final rule is scheduled to be published in the...more

Hogan Lovells

NLRB Issues New Rule Narrowing Joint-Employer Standard

Hogan Lovells on

The National Labor Relations Board (“NLRB”) announced that it is releasing a final rule (the “Rule”) on February 26, 2020 revising the prior joint-employer standard used to hold franchisors or businesses that use employees...more

Bricker Graydon LLP

NLRB issues new final rule on joint employer status

Bricker Graydon LLP on

On February 25, 2020, the National Labor Relations Board (NLRB) published a final rule returning to a tighter standard for determining when workers are considered to be jointly employed by two or more employers under the...more

Ballard Spahr LLP

NLRB Issues Final Rule on Joint Employer

Ballard Spahr LLP on

The National Labor and Review Board (NLRB) issued a final rule on February 25, 2020, that codifies a majority of the changes it proposed to its joint employer test in September 2018. These changes will take effect on April...more

Proskauer - Labor Relations Update

NLRB Upholds Employer’s Bargaining And Demotions Post-Impasse As Lawful

In its January 31, 2020 decision in Phillips 66, 369 NLRB No. 13 (January 31, 2020) the Board reversed a number of findings of unfair labor practices found by an Administrative Law Judge related to the employer’s conduct...more

Seyfarth Shaw LLP

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

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

Proskauer - Labor Relations Update

Novel Theory Related To Violation Of Bargaining “Ground Rules” Fails (Fortunately)

When an employer and a union sit down to bargain they often agree to ground rules for how negotiations are to be conducted. A common ground rule, for example, is for the parties to agree to address “non-economic” items before...more

McNees Wallace & Nurick LLC

Public Employers in PA Required to Bargain over Attendance Policies with Disciplinary Provisions

Public employers in Pennsylvania beware: if you implement an attendance policy designed to get your employees to show up for work, you may commit an unfair labor practice! If your employees are represented by a labor union,...more

Seyfarth Shaw LLP

NLRB General Counsel Seeks To Regulate and Target Employers with Independent Contractors

Seyfarth Shaw LLP on

Seyfarth Synopsis: NLRB General Counsel releases an Advice Memorandum finding that the misclassification of independent contractors amounts to a standalone violation of Section 8(a)(1) of the NLRA....more

Mintz - Employment, Labor & Benefits...

NLRB Discusses Joint Employment for the First Time Since Browning-Ferris

The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive...more

Littler

Bill Would Greatly Expand Penalties, Remedies for Unfair Labor Practices

Littler on

Democratic lawmakers introduced legislation on September 16, 2015 that would greatly expand the remedial scope of the National Labor Relations Act. Crafted with input from labor leaders, the Workplace Action for a Growing...more

Cozen O'Connor

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

Cozen O'Connor on

More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate...more

Perkins Coie

NLRB’s Expanded “Joint Employers” Test: The Employers’ Perspective

Perkins Coie on

The decision by the National Labor Relations Board (NLRB) last week in BFI Newby Island Recyclery expands the circumstances in which two otherwise separate and independent employers may be found to be joint employers of a...more

FordHarrison

NLRB Adopts New Broader Joint-Employer Standard

FordHarrison on

On August 27, 2015, the National Labor Relations Board (NLRB or Board) issued its long-awaited decision in Browning-Ferris Industries (BFI) substantially changing and expanding the standard for finding a joint-employer...more

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