A little-known but crucial position at the U.S. Department of Labor (DOL)—the director of the Office of Labor-Management Standards (OLMS)—was finally filled on July 9, 2018, by Arthur F. Rosenfeld, an experienced former...more
The recent split decision of the National Labor Relations Board (NLRB) in Circus Circus Casinos, Inc., 366 NLRB No. 110 (June 15, 2018), is a reminder that the validity of an employee’s request for Weingarten assistance at an...more
On February 24 , 2017, a two-member majority (Members Mark Gaston Pearce and Lauren McFerran) of the National Labor Relations Board, over the dissent of Acting Chairman Philip Miscimarra, struck down yet another handbook...more
Court Upholds Employer’s Dreadlock Ban Finds Grooming Policy Did Not Violate Title VII of the Civil Rights Act -
A federal appellate court recently held that an employer’s policy banning dreadlocks did not constitute...more
11/7/2016
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On May 31, a divided National Labor Relations Board (NLRB) issued a very significant decision in American Baptist Homes of the West, increasing the impact of an employer’s motive in deciding whether the permanent replacement...more
6/6/2016
/ Administrative Law Judge (ALJ) ,
Back Pay ,
Corporate Counsel ,
Hiring & Firing ,
NLRA ,
NLRB ,
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Reinstatement ,
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On March 22, 2016, National Labor Relations Board (NLRB) General Counsel Richard Griffin released Memorandum GC 16-01, entitled "Mandatory Submissions to the Division of Advice." The memorandum instructs the Board's regional...more
4/22/2016
/ Email Policies ,
English-Only Rules ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
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Misclassification ,
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Weingarten Rights
It must be frustrating to be in the minority of an administrative adjudicatory body and to constantly be forced to write dissenting opinions, as was the case for former National Labor Relations Board (NLRB) member Brian E....more
7/23/2015
/ Appeals ,
AT&T ,
Canning v NLRB ,
Communication Workers of America ,
Dress Codes ,
Employment Policies ,
Exceptions ,
NLRA ,
NLRB ,
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Special Circumstances Doctrine ,
Unions
On June 24, 2015, the National Labor Relations Board (NLRB) issued a new decision involving allegations that an employer had unlawfully discharged an employee who had scrawled sexually-oriented obscenities and threatening...more
A comprehensive summary of the most significant previously-issued NLRB decisions up for reconsideration now that the U.S. Supreme Court has declared President Obama's recess NLRB appointments unconstitutional....more
6/30/2014
/ Canning v NLRB ,
Costco ,
Hispanics United of Buffalo ,
Karl Knauz Motors ,
Marriott ,
New Process Steel ,
NLRA ,
NLRB ,
Popular ,
Recess Appointments ,
SCOTUS
The National Labor Relations Board (NLRB) recently issued two significant decisions on the same day (May 9) that highlight contrasting methods of issuing dissents. Both decisions drew dissents from one member of the...more
Today, the National Labor Relations Board (NLRB) announced its intention to reissue a Notice of Proposed Rulemaking (NPRM) for what has become known as the “ambush election” rules governing the procedures for union...more
On September 5, 2012, in NLRB v. State of Arizona and Save Our Secret Ballot, Judge Frederick J. Martone of the U.S. District Court for the District of Arizona rejected the federal preemption challenge by the National Labor...more
Proposed U.S. Department of Labor (DOL) revisions to the “advice exemption” under the Labor Management Reporting and Disclosure Act (LMRDA) “persuader activity regulations” may soon require employers, consultants, and law...more