What can the National Labor Relations Board (the “Board”) give employees who already have a banner jobs market, with record job openings and the largest wage growth in decades? Last week, the Board stuffed stockings with...more
It hasn’t been a good few weeks for unions. First, Martin Scorsese’s “The Irishman” depicted the history of corruption and mafia ties within organized labor. As one historical correction, the scene in which Jimmy Hoffa is...more
The National Labor Relations Board (NLRB) has issued a new decision, SuperShuttle DFW, Inc., which returns to the Board’s traditional independent-contractor analysis. This decision overrules a 2014 Obama-era Board decision,...more
The U.S. Supreme this morning issued a 5-4 decision upholding the use of pre-dispute mandatory arbitration programs with class action waivers in the employment setting. In doing so, the Court resolved a split between the...more
The Department of Labor (DOL) announced its decision today to rescind two Obama-era guidance letters that aimed to expand the joint employer doctrine and limit the misclassification of workers under the Fair Labor Standards...more
Last Friday, the U.S. Supreme Court agreed to hear the appeal of three cases addressing the enforceability of mandatory arbitration agreements with class action waivers in the employment setting. These agreements require...more
The U.S. Court of Appeals for the Ninth Circuit (covering California and eight other western states) on Monday joined the Seventh Circuit, and disagreed with the Fifth Circuit, in rejecting a mandatory employment arbitration...more
8/25/2016
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employment Contract ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Split of Authority
In a 3-1 decision issued this week, the National Labor Relations Board (NLRB) has reinstated a union-friendly standard that makes it easier for temporary workers to unionize either on their own or as part of a bargaining unit...more
7/14/2016
/ Bargaining Units ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Consent ,
Corporate Counsel ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Temporary Employees ,
Unions
Eliminating any possibility that it might wind up on employers' "nice list," the National Labor Relations Board (NLRB) ruled on Christmas Eve that a Whole Foods policy featuring an "absolute prohibition" on employees "taking...more