Category Archives: National Labor Relations Board

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The Trump Board is All Aboard: EEOC Still at the Station

EEOC
On September 25 the U.S. Senate confirmed the nomination of William Emanuel to the National Labor Relations Board (NLRB). This quickly followed the previous confirmation of Marvin Kaplan, thus bringing a full complement to the five-member panel. More significantly for employers, and consistent with long-standing precedent, the sitting president of the United States appoints three … Continue reading this entry

NLRB’s New Joint Employment Rules Fail . . . But Live to Fight Another Day

NLRB
No matter your political persuasion, there is little argument that during the second term of the previous administration, multiple federal agencies made landscape-altering changes to federal labor policy. These changes included rewriting guidance on independent contractor standards and accelerating the speed at which union organizing elections would occur following the filing of a representation petition.  … Continue reading this entry

NLRB: Employer Should Not Have Asked an Employee How Things Were Going During a Union Campaign

Campaign
Employers must tread carefully when communicating with employees during union organizing campaigns. A seemingly innocuous question can violate the National Labor Relations Act’s (NLRA) prohibition on employers soliciting grievances during a union organizational campaign and accompanying the solicitation with a promise, express or implied, to remedy such grievances.  However, it is not always clear what … Continue reading this entry

Trump Department of Justice Reverses Course on Class Action Waivers

DOJ
On June 16, 2017, the United States Department of Justice (DOJ) changed its position with respect to the enforceability of class action waivers in the labor and employment context. The move came via the DOJ’s filing of an amicus curiae brief in three consolidated cases pending before the Supreme Court (National Labor Relations Board v. … Continue reading this entry

NLRB: Nonunion Employees Do Not Have A Right To A Co-Worker’s Presence During Investigatory Interviews

NLRB
As we have frequently reminded our readers, even non-unionized employers need to pay close attention to the National Labor Relations Board’s (NLRB) rulings and opinions as to employees’ rights under applicable labor law. For example, the NLRB has focused on employee handbook provisions – applicable to both union and non-union employers, which it considers to … Continue reading this entry

Expanded Joint Employer Standard Under Attack; What Employers Should Do in the Meantime

Joint Employer
It appears that the days of expanded joint employer liability may be numbered, as the National Labor Relations Board’s (NLRB) 2015 Browning-Ferris decision comes under attack on multiple fronts.… Continue reading this entry