On the heels of guidance regarding when the duty to bargain may be suspended or modified during the COVID-19 pandemic, the National Labor Relations Board (“NLRB” or “Board”) finalized rulemaking today that changes three...more
The National Labor Relations Board has announced the issuance of its final rule governing joint-employer status. The new rule, which was first proposed in September 2018 and has been the subject of extensive public comment,...more
2/26/2020
/ Browning-Ferris Industries of California Inc. ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unions ,
Wage and Hour
A Trending News interview from Employment Law This Week®, featuring attorney Steve Swirsky, Member of the Firm:
The National Labor Relations Board (NLRB) ended the year with a flurry of activity, including the relaxing of...more
1/6/2020
/ Collective Bargaining ,
Confidentiality Policies ,
Dues Checkoff ,
Email ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Activity ,
Purple Communications ,
Quickie Election Rules ,
Reversal ,
Unions ,
Workplace Investigations
The National Labor Relations Board, in its December 17th decision in Apogee Retail LLC d/b/a Unique Thrift Store, has reversed its prior rule and held that employer requirements that employees treat workplace investigations...more
12/24/2019
/ Banner Estrella Medical Center ,
Boeing ,
Civil Rights Act ,
Complaint Procedures ,
Confidentiality Policies ,
Employer Liability Issues ,
Employment Policies ,
Labor Law Violations ,
Labor Regulations ,
New Guidance ,
NLRA ,
NLRB ,
Policies and Procedures ,
Section 7 ,
Sex Discrimination ,
Sexual Harassment ,
Title VII ,
Unduly Burdensome ,
Workplace Investigations
The National Labor Relations Board (“Board” or “NLRB”) has announced that it is publishing proposed changes to its Rules and Regulations that will begin to reverse the Board’s 2014 changes, which took effect in 2015, to its...more
One of the matters of significance to employers and unions under the National Labor Relations Act that became a point of contention under the National Labor Relations Board (“NLRB” or “Board”) during the Obama Administration...more
In the months following Donald Trump’s inauguration, those interested in the National Labor Relations Board (“NLRB” or “Board”) waited anxiously for the new President to fill key positions that would allow the Board to...more
A major transition in government is well underway. As we look back over the past 12 months, we are reminded of employment, labor, and workforce management issues that remain top of mind to all employers. In this Take 5, the...more
12/15/2016
/ Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Gender Discrimination ,
Joint Employers ,
NLRB ,
Non-Compete Agreements ,
Paid Leave ,
Preliminary Injunctions ,
Sick Leave ,
Transgender ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Hospitality employers, like employers in many other service-related industries, are challenged by having to persistently focus on staying competitive and increasing profits in oversaturated markets. However, focusing on these...more
Recent actions by federal agencies and courts will have a direct impact on employers in the health care industry. While still wrestling with the changes wrought by the Affordable Care Act, health care employers will now need...more
10/29/2015
/ Affordable Care Act ,
Health Care Providers ,
Healthcare ,
Home Health Agencies ,
Home Healthcare Workers ,
Joint Employers ,
Life Sciences ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
NLRB ,
Nursing Homes ,
OSHA ,
Physicians ,
Protected Concerted Activity ,
Right to Control ,
Unions ,
Unpaid Overtime ,
Wage and Hour
As the hospitality industry continues to grow and expand, one common goal is to provide all-inclusive experiences for visitors and patrons. Unfortunately, given the breadth of the goods and services offered to the public and...more
9/24/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Benefit Plan Sponsors ,
Browning-Ferris Industries of California Inc. ,
Cadillac Tax ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Hospitality Industry ,
Independent Contractors ,
Joint Employers ,
McDonalds ,
NLRA ,
NLRB ,
OSHA ,
Public Accommodation ,
Reporting Requirements ,
SEIU ,
Service Animals ,
Title III ,
Wage and Hour ,
White-Collar Exemptions
For those liberals and conservatives who do not think of themselves as “joint employers” of their doctors, lawyers, pet groomers, personal trainers, disc jockeys, and baristas, the National Labor Relations Board (“NLRB” or...more
9/15/2015
/ Best Practices ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Joint Employers ,
Jurisdiction ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Subcontracts ,
Unions
Retailers will be busy this summer attempting to conform their policies and procedures to various local, state, and federal laws, such as the spate of state and city sick leave laws, and analyzing proposed amendments by the...more
6/1/2015
/ Affordable Care Act ,
Ambush Election Rules ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
New Legislation ,
NLRB ,
Popular ,
Proposed Regulation ,
Retailers ,
Sick Leave ,
Wage and Hour ,
Wellness Programs
After a series of false starts, on December 12, 2014, the National Labor Relations Board (“NLRB” or “Board”) adopted a 733-page final rule (“Final Rule”) that will significantly change the Board’s longstanding union election...more
In its Purple Communications, Inc., decision, the National Labor Relations Board (“NLRB” or “Board”) has ruled that “employee use of email for statutorily protected communications on nonworking time must presumptively be...more
In a decision released this past week, a majority of the National Labor Relations Board ("NLRB" or "Board") recommitted the federal agency to the principles set forth in Specialty Healthcare, further expanding the way for...more
Another decision has been issued by a National Labor Relations Board ("NLRB" or "Board") administrative law judge ("ALJ") striking down a non-union employer's confidentiality and proprietary information and non-disparagement...more