NLRB Finally Issues Its Long-Awaited Joint Employer Rule
3/3/20
By: Justin Boron
In a pivotal move that could constrain collective bargaining among multiple businesses, the National Labor Relations Board (“NLRB”) last week issued its final rule for the joint employer test. It is the final step before the rule …
10/10/18
By: Laura Flynn
In O’Connor v. Uber, a case in which California Uber drivers assert they should be categorized as employees rather than independent contractors, the Ninth Circuit Court of Appeals recently issued an order reversing the district court’s denial …
7/27/18
By: Robyn Flegal
A panel of the National Labor Relations Board ordered an Iowa electric company to rehire and pay back wages to a utility pole employee who was …
High Court OKs Employers' Use of Class Waivers
5/23/18
By: Paul Derrick
Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), says the U.S. Supreme Court in a much-anticipated decision.
The Supreme Court’s long-awaited decision resolves a circuit split on whether class or …
Company Wrongfully Terminates Employees for Emails Using Profanity
5/1/18
By: Joyce M. Mocek
The National Labor Relations Board (“NLRB”) recently determined Mexican Radio Corp. (a restaurant company) violated the National Labor Relations Act (“NLRA” or the “Act”) when it fired four (nonunion) employees after they sent emails complaining about …
Gone In A Flash: NLRB Overrules Employee Handbook Standard
12/20/17
By: William E. Collins, Jr.
On December 14, 2017, in a case involving the Boeing Company, the National Labor Relations Board (“NLRB”) overruled the Lutheran Heritage workplace policy standard that stood for over 13 years, and ushered in a new …
NLRB Delivers One-Two Punch to Pair of Standards that Have Dogged Employers
12/18/17
By: Paul H. Derrick
In a stunning development, the National Labor Relations Board has overruled a pair of controversial standards that have caused headaches in the business community for years.
In the first case, the NLRB reversed an Obama-era decision …
Updates on the “Joint Employer” Standard
10/10/17
By: Tim Holdsworth
More than two years have passed since the National Labor Relations Board (“NLRB”) handed down its new and controversial joint employer standard in Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, 2015). As you …
Do Mandatory Arbitration Agreements with Concerted Action Waivers Violate Employee Rights?
9/8/16
By: Pamela Everett
The United States Court of Appeals for the 11th Circuit is poised to address whether Samsung Electronics America, Inc. violated Section 8(a)(1) of the NLRA by requiring its employees to sign an arbitration agreement waiving their rights …
Fourth Circuit Voids NLRB Posting Rule
6/18/13
By: Anthony Del Rio
Last week the Fourth U.S. Circuit Court of Appeals struck down the National Labor Relation Board’s (NLRB) 2011 poster rule. The rule required employers to post information regarding employees’ rights to organize under the National …
NLRB Provides Guidance on Investigation Confidentiality Policies
4/22/13
By: Anthony Del Rio
In July 2012, the National Labor Relations Board (“NLRB”) ruled that a blanket policy requiring confidentiality during all internal workplace investigations violates employees’ rights under Section 7 of the National Labor Relations Act (“NLRA”). The ruling …