Employers may soon learn from the National Labor Relations Board that they once again can control their own email and other electronic communications systems. On August 1, the Board published an invitation for briefs from...more
NLRB’s joint employer standard is still up in the air. The “joint employer” standard of the National Labor Relations Board is still in play.
On May 9, in a rarely-seen development, the NLRB Office of Information and...more
7/26/2018
/ Boeing ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Public Sector Unions ,
Section 7
On May 21, the U.S. Supreme Court held 5-4 that class waivers in arbitration agreements between employees and employers are valid, rejecting arguments that they violate the protection of concerted activity in the National...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
News & Analysis-
New NLRB Chairman is John Ring-
NLRB gets “out of joint” over joint employer dispute-
NLRB’s extended period for comment on so-called “quickie election” rule ended on April 19, and General Counsel...more
NEWS & ANALYSIS-
NLRB’s Emanuel under fire, and “joint employment” standard is in doubt. After a brief window of time in late 2017 when Republican Members outnumbered Democratic Members on the National Labor Relations Board,...more
2/28/2018
/ Browning-Ferris Industries of California Inc. ,
Employer Liability Issues ,
Hiring & Firing ,
Joint Employers ,
Labor Law Violations ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Quickie Election Rules ,
Right to Work ,
Termination
News & Analysis-
Leadoff memorandum of new NLRB General Counsel Robb draws immediate fire from Democrats
NLRB Republican majority goes to work and asks for comment on the so-called “quickie election” rule
Miscimarra is...more
NLRB seats fill, and more to come. The U.S. Senate confirmed William Emanuel as a member of the National Labor Relations Board on September 25, creating a Republican majority on the Board. Mr. Emanuel was a management-side...more
NEWS & ANALYSIS
Changing of the guard at the NLRB: Two steps forward, and one step back - One of President Trump’s nominees for the National Labor Relations Board, Marvin E. Kaplan, was confirmed by the Senate on August 2...more
NEWS & ANALYSIS -
Trump nominations on track to fill open seats on the NLRB - After a slow start, President Trump is taking the steps to fill more slots at various agencies, including the National Labor Relations Board. On...more
6/29/2017
/ Arbitration Agreements ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Minimum Wage ,
NLRA ,
NLRB ,
Protected Activity ,
Trump Administration ,
Unions ,
Wage and Hour ,
Wrongful Termination
NEWS & ANALYSIS-
Winners and losers feel effects of the Presidential election - For winners, Philip Miscimarra, who was Acting Chairman of the National Labor Relations Board, gave up “acting” and got real with...more
NEWS & ANALYSIS -
Better times ahead at the NLRB, but it may take a while - For nearly eight years, the National Labor Relations Board has been in the majority control of Democratic appointees of President Obama. During...more
NEWS & ANALYSIS -
Class arbitration cases continue to stack up at Supreme Court. The National Labor Relations Board on September 9 petitioned the Court for certiorari in NLRB v. Murphy Oil USA, Inc. The lower court...more
NEWS & ANALYSIS -
The NLRB continues its assault on workplace civility and efficiency– As we reported more than two years ago, Mark Gaston Pearce, Chairman of the National Labor Relations Board, and NLRB General Counsel...more
NEWS & ANALYSIS -
DOL Persuader Rule will not take effect July 1, after court issues preliminary injunction – In the second decision to be issued in the three lawsuits challenging the U.S. Department of Labor’s new...more
NEWS & ANALYSIS -
DOL’s “Persuader Rule”: Fight on! – As we have previously reported, the U.S. Department of Labor on March 24 issued new regulations that adopt a new interpretation of the "persuader" reporting...more
U.S. Department of Labor moves forward with new "persuader" regulations, expected in March 2016 - As we have previously reported, the U.S. Department of Labor has long wanted to revise the "persuader" reporting rules under...more
Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...more
10/29/2015
/ Airlines ,
Automotive Industry ,
Bargaining Units ,
Browning-Ferris Industries of California Inc. ,
Casinos ,
Commercial Bankruptcy ,
Employer Liability Issues ,
Fiat ,
Hiring & Firing ,
Hospitals ,
Injunctive Relief ,
Joint Employers ,
NLRA ,
NLRB ,
Preemption ,
Teamsters ,
Trump Administration ,
Union Dues ,
Union Elections ,
United Auto Workers ,
Volkswagen
Last week, the National Labor Relations Board issued its long-awaited ruling in Browning-Ferris Industries and, as expected, changed the standard for determining joint-employer status. If the decision stands, it will...more
Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more
8/28/2015
/ Administrative Procedure Act ,
Barack Obama ,
Collective Bargaining ,
College Athletes ,
Confidential Witnesses ,
Fair Labor Standards Act (FLSA) ,
Fifth Amendment ,
First Amendment ,
Football ,
Internal Investigations ,
Joint Employers ,
NLRA ,
NLRB ,
Northwestern University ,
Pending Legislation ,
Political Debates ,
Protected Concerted Activity ,
Protests ,
Quickie Election Rules ,
Unions ,
Vacancies Act ,
Witness Statements
NLRB “quickie election” rule takes effect -
On April 6, President Obama vetoed a joint resolution of Congress that sought to block the “quickie election” rule issued by the National Labor Relations Board....more
4/29/2015
/ Ambush Election Rules ,
Confidentiality Agreements ,
Cyber Attacks ,
Joint Employers ,
KBR (formerly Kellogg Brown & Root) ,
NLRA ,
NLRB ,
Presidential Veto ,
Securities and Exchange Commission (SEC) ,
Unions ,
Wal-Mart
As we have previously reported, the National Labor Relations Board in recent years has put employee handbooks and policy manuals under a magnifying glass, searching for any provision that might, in its view, violate the...more
Last week, Volkswagen Group of America announced a "Community Organization Engagement" policy that will allow labor organizations to engage in what the company calls "constructive dialogue" with the company and employees at...more
Ebola crisis: the next big organizing issue? - Labor relations are already being affected by the Ebola crisis in the United States.
On October 8 and 9, at LaGuardia Airport in New York, approximately 75 non-union...more
NLRB extends Weingarten right of union representation to drug and alcohol test situations -
On July 31, a three-member panel of the National Labor Relations Board in Ralph's Grocery Co. ruled that a union-represented...more
Yesterday, amid massive protests in Lansing, Michigan became the 24th right-to-work state. Republican Governor Rick Snyder signed two1right-to-work bills into law, continuing a trend that began earlier this year with Indiana....more