A federal judge for the U.S. Eastern District of Texas vacated the National Labor Relations Board’s new joint-employer rule, finding the rule too expansive. U.S. Chamber of Commerce et al. v. NLRB et al., No. 6:23-cv-00553...more
The National Labor Relations Board will release its new joint-employer rule in August. In September 2022, the Board issued its proposed rule for determining joint-employer status under the National Labor Relations Act under...more
4/18/2023
/ Consumer Financial Protection Bureau (CFPB) ,
Governor Whitmer ,
Information Sharing ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Personal Data ,
Right to Work ,
Unions ,
Wage and Hour
The National Labor Relations Board has proposed reversing the current joint-employer standard, which took effect on April 27, 2020. The new rule would revert to the Obama-era standard for determining joint-employer status...more
10/10/2022
/ Airports ,
Architects ,
Collective Bargaining ,
Food Service Workers ,
Joint Employers ,
MLB ,
NLRA ,
NLRB ,
Railways ,
SMART ,
Strike ,
Supply Chain ,
Unions ,
Wage and Hour
Labor Day 2022 comes at an optimistic time for U.S. labor unions. Prior to the COVID-19 pandemic, representation petitions and elections were declining steadily. However, National Labor Relations Board (NLRB) election filings...more
The National Labor Relations Board (“NLRB” or “the Board”) has proposed a new rule for determining joint employer status under the National Labor Relations Act (“NLRA”)....more
1. The National Labor Relations Board modified its electronic notice posting requirements for workplaces impacted by COVID-19. Paragon Systems, Inc., 371 NLRB No. 104 (June 2, 2022)....more
7/12/2022
/ Cease and Desist Orders ,
Discrimination ,
Electronic Reporting ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
NPRM ,
Starbucks ,
Union Organizers ,
Unions ,
Wage and Hour
1. The National Labor Relations Board (NLRB) modified its standard for determining whether an employer may lawfully discipline an employee for abusive or offensive statements and conduct in the context of activity otherwise...more
8/13/2020
/ Browning-Ferris Industries of California Inc. ,
Confidential Information ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Employee Handbooks ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
General Motors ,
Joint Employers ,
NLRB ,
Off-Duty Employees ,
Offensive Language ,
Terms and Conditions ,
Wage and Hour ,
Workplace Bullying
The National Labor Relations Board (NLRB) has ruled that Browning-Ferris Industries is not a joint employer of employees of one of its contractors. Browning-Ferris Industries of California, Inc., 369 NLRB No. 139 (July 29,...more
Unions will have greater exposure to “make whole” relief awards for violating their duty of fair representation under the National Labor Relations Act (NLRA) if National Labor Relations Board (NLRB) General Counsel (GC) Peter...more
The National Labor Relations Board (NLRB) has published its final rule governing determination of joint-employer status under the National Labor Relations Act (NLRA), restoring the standard that was applied for several...more
1.The National Labor Relations Board (NLRB) has clarified its test for determining whether an employee’s protected activity under the National Labor Relations Act (NLRA) was a motivating factor in employee discipline....more
1.National Labor Relations Board (NLRB) General Counsel Peter Robb urges the Board to return to its traditional joint-employer standard. In a brief filed with the U.S. Court of Appeals for the D.C. Circuit on April 17 and...more
1. A U.S. Circuit Court of Appeals partially upheld the Obama-era standard the National Labor Relations Board (NLRB) adopted for determining whether two entities are joint employers under the National Labor Relations Act...more
In a highly anticipated decision on the National Labor Relations Board’s controversial 2015 joint-employer standard under the National Labor Relations Act, the federal appeals court in the District of Columbia has partially...more
Be Fair to Unfair Labor Practice Strikers, Labor Board Says-
To ensure adequate staffing and continuity of patient care, hospitals faced with impending strikes by registered nurses often contract with employment agencies...more
Labor Board Employees Protest Board Chairman Ring, General Counsel Robb-
Employees of the National Labor Relations Board (NLRB) have publicly protested a decision by NLRB Chairman John Ring and NLRB General Counsel Peter...more
1. The deadline for submitting comments regarding the National Labor Relations Board’s proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act has been extended to...more
President Donald Trump nominated Mark Gaston Pearce for a third term on the National Labor Relations Board (NLRB) on August 28. Pearce’s nomination came despite widespread criticism from Republicans and business groups who...more
1.Public sector employees who are non-members of a union cannot be legally required to pay agency or “fair share” fees as a condition of employment, the U.S. Supreme Court has held in a 5-4 ruling. Janus v. AFSCME Council 31,...more
1.The U.S. Supreme Court has ruled that class action waivers in employment arbitration agreements do not violate federal law. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300;...more
1.The National Labor Relations Board (NLRB) continued to deal with tumult over the “joint-employer” issue. On March 1, the Board asked the U.S. Court of Appeals for the D.C. Circuit to resume considering an appeal of...more
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
1.In Hy-Brand Industrial Contractors, 365 NLRB No. 156 (Dec. 14, 2017), the National Labor Relations Board overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015), an Obama-era decision that held two entities are joint...more
In Hy-Brand Industrial Contractors Ltd., 365 No. 156 (Dec. 14, 2017), the National Labor Relations Board overturned its standard for determining joint employer status under the National Labor Relations Act established in...more
Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling many union-friendly precedents of the Obama-era Board, the Board has beaten...more
12/18/2017
/ Bargaining Units ,
Boeing ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Joint Employers ,
Micro-Unions ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policies and Procedures ,
Protected Activity ,
Section 7 ,
Specialty Healthcare ,
Unions