The National Labor Relations Board (NLRB) on Oct. 26, 2023, issued a new rule that significantly expands who qualifies as a joint employer under the National Labor Relations Act. Under the new rule, which rescinds the prior...more
The National Labor Relations Board (NLRB or Board) on Feb. 21, 2023, issued the McLaren Macomb decision (372 NLRB No. 580) significantly restricting an employer's right to proffer to employees severance agreements that...more
4/6/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Guidance Update ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Retroactive Application ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
The National Labor Relations Board (NLRB or the Board) on Feb. 21, 2023, issued a decision (McLaren Macomb, 372 NLRB No. 58) that significantly restricts an employer's right to present employees with or enforce severance and...more
In Thryv, Inc., 372 NLRB No. 22 (2022), the National Labor Relations Board (NLRB or Board) held that to best effectuate the purposes of the National Labor Relations Act (NLRA), the standard make-whole remedy must compensate...more
The pendulum has swung once again. On Dec. 14, 2022, the National Labor Relations Board (NLRB or Board) issued a decision in American Steel Construction, Inc., 372 NLRB No. 23 (2022), modifying the framework applied in...more
• The legalization of recreational cannabis in Illinois will not prevent Illinois employers from adopting and implementing reasonable workplace policies precluding employees from being impaired by or under the influence of...more
• In SuperShuttle DFW, Inc., a National Labor Relations Board (NLRB, or Board) majority overruled its 2014 decision in FedEx Home Delivery and held that shuttle-van-driver franchisees of SuperShuttle at Dallas Fort Worth...more
1/30/2019
/ Common Law Test ,
Delivery Drivers ,
Entrepreneurs ,
FedEx ,
Franchisee ,
Franchises ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
Right to Control
The National Labor Relations Act (NLRA) generally permits private sector employers and unions to agree to include "union security" provisions in their collective bargaining agreements. Union security provisions promote...more
The Affordable Care Act (ACA) added Section 18C to the Fair Labor Standards Act (FLSA) to prohibit retaliation against employees who engage in certain activities protected by the ACA. Responsibility for receiving and...more
10/26/2016
/ Administrative Law Judge (ALJ) ,
Administrative Review Board ,
Adverse Employment Action ,
Affordable Care Act ,
Anti-Retaliation Provisions ,
Cost-Sharing ,
Department of Labor (DOL) ,
Employee Benefits ,
Fair Labor Standards Act (FLSA) ,
Health Insurance ,
Internal Revenue Code (IRC) ,
OSHA ,
Premium Subsidies ,
Protected Activity ,
Retaliation ,
Tax Credits
Everyone has experienced both "workplace politics," in which Type A employees claw their way to the top at the expense of co-workers, and "politics in the workplace," in which employees discuss candidates for office and...more
7/20/2016
/ Discrimination ,
Employment Policies ,
First Amendment ,
Free Speech ,
NLRA ,
NLRB ,
Political Campaigns ,
Political Expression ,
Popular ,
Protected Concerted Activity ,
Retaliation
In its 2007 decision in Register Guard, the National Labor Relations Board (NLRB or Board) held that an employer may completely prohibit employees from using its email system for non-business purposes – including union...more
For a legal perspective, we asked attorneys writing on JD Supra to tell us what, in their experience, they most often found to be missing from workplace social media policies. We knew that a roundtable of responses would make...more
On October 19, 2012, the Department of Labor's Administrative Review Board concluded that Florida Hospital of Orlando did not have federal contractor affirmative action obligations arising out of its participation in TRICARE...more