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 …
1/2/20
By: Brad Adler
On December 17, 2019, the National Labor Relations Board (NLRB) ruled in Caesars Entertainment that employees have no right under the National Labor Relations Act to use an employer’s email system for union activities, including organizing. This …
NLRB Decisions are Trending Pro-Employer
2/27/19
By: Amy C. Bender
The National Labor Relations Board (“NLRB”) under the Trump administration is showing a return to more conservative, employer-friendly interpretations of the laws regarding employees’ rights to engage in concerted activity to improve wages and working conditions. …
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 …
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 …
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 …
NLRB Tells Appellate Court that Racial Harassment by Picketers is OK
11/1/17
By: Paul H. Derrick
The National Labor Relations Board is urging the full Eighth Circuit Court of Appeals not to review a 2-1 panel decision that found a union picketer’s racially derogatory comments toward black replacement workers to be protected …
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 …
NLRB Reverses Standard for Multi-Employer Bargaining Units
7/19/16
Once again, the NLRB has overturned precedent in their quest to dramatically expand employer liability. For over a decade, the NLRB has held that multi-employer bargaining units that include temporary employees from a staffing employer (“supplier employer”) …
NLRB Doubles Down on ‘Joint Employer’ Standard Expansion
10/2/15
By: Tim Holdsworth
On August 27, 2015, the National Labor Relations Board discarded thirty years of precedent and handed down a new and expanded definition of joint employer. See Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, …
NLRB Focus on Employee Handbooks of Employers
7/17/15
By: Joyce M. Mocek
Over the last several months, the National Labor Relations Board (NLRB) has targeted employee handbooks and policies of both union and non-union employers, determining that their policies and procedures constitute “unfair labor practices.” The NLRB continues …
NLRB Claims Franchisor and Franchisees are ‘Joint Employers’ – Is McDonald’s Just The First?
8/19/14
By: Bradley T. Adler and Frank H. Hupfl, III
In a surprising departure from established Board precedent, the National Labor Relations Office of the General Counsel announced on July 29, 2014 that it had authorized the NLRB’s Regional Directors …
