NLRB Dismantles Former Board’s Handbook Rule: What Does This Mean for Employers?
December 28, 2017
For 8 years, the Obama-era Board scrutinized employer handbooks and held that facially neutral policies and rules maintained by employers (i.e., rules that, as written, did not target protected activity) were violations of the National Labor Relations Act (NLRA) if an employee could “reasonably construe” the policy or rule to prohibit a right protected under the NLRA.
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NLRB Reverses Course on Employee Handbooks, Joint Employers, and More
December 22, 2017
Last week, the National Labor Relations Board (the “NLRB” or “Board”) issued four significant decisions reversing precedent under the National Labor Relations Act (the “NLRA” or “Act”) governing the legality of employee handbooks and employment policies, joint employment relationships, employers’ ability to unilaterally change terms and conditions of employment in accordance with a past practice, and the unionization of small bargaining units of employees (called “micro-units”).
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The Winds Keep Blowing: Miscimarra's Final Days with the NLRB Produce More Change for Employers
December 19, 2017
Last week we issued two alerts covering the winds of change blowing at the NLRB. The strong winds continued on Friday, December 15 as the Board overruled two more decisions: one addressing an employer’s duty to bargain; the other addressing the proper analysis for determining appropriate voting units in union elections.
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The NLRB Brightens the Season with Multiple Employer-Friendly Decisions Before the New Year
December 18, 2017
As has been anticipated since the change in presidential administrations earlier this year, the National Labor Relations Board, with a Republican majority, issued a slew of impactful and employer-friendly decisions in recent days.
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Gale Force Winds of Change: National Labor Relations Board Reverses Course on Workplace Rules and Joint Employer Standards
December 15, 2017
The newly-constituted NLRB dismantled two earlier cases that were the subject of extensive employer criticism.
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What Could the New NLRB General Counsel Mean for Employers?
December 13, 2017
For the last eight years, the Obama-era National Labor Relations Board has issued decisions that have shocked and frustrated employers.
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Recent NLRB Actions Signal the Winds of Change Are Blowing: The NLRB Requests Information on Controversial "Quickie Election" Rules and Issues Its First Reversal of Obama-Era Policy
December 13, 2017
Recently, the U.S. Senate confirmed two Republicans to the National Labor Relations Board, resulting in a Republican majority on the Board for the first time in ten years, and a new NLRB General Counsel, management-side labor lawyer Peter Robb. Swift changes followed, and more are likely.
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The Light at the End of the NLRB’s Tunnel?
December 6, 2017
As my colleagues know, I have been unbelievably frustrated over the past eight years about the National Labor Relations Board’s (overly) aggressive pro-union approach.
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Peter Robb Sworn In As NLRB General Counsel
November 20, 2017
Attorney Peter B. Robb was sworn in for a four-year term as General Counsel of the National Labor Relations Board last Friday.  Mr. Robb was nominated by President Trump and was confirmed by the U.S. Senate earlier this month.
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NLRB Update - Senate Confirms Appointment Of Former Management-Side Labor Lawyer
September 27, 2017
Monday, the U.S. Senate confirmed William J. Emanuel to join the National Labor Relations Board ("NLRB").  Mr. Emanuel is the second of President Trump's appointees to the NLRB, which has in recent years been operating with only three Board members.
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DOJ Argues Against Itself in Conflict over Arbitration Agreements and Class Action Waivers
September 20, 2017
“To waive or not to waive” is a rather simplistic version of the question that the U.S. Supreme Court is currently being faced with in the following cases: Epic Systems Corporation v. Lewis; Ernst & Young LLP et al v. Morris et al; and National Labor Relations Board v. Murphy Oil USA, Inc. et al.
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The Latest On NLRB Appointees
August 15, 2017
The National Labor Relations Board (NLRB) is made up of five Members who are appointed by the President to five-year terms, with U.S. Senate consent.  For the last several years, however, the Board has been operating with only three Members.
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Tweets Follow

Jan 10

IRS Will Again Impose No Penalties on Timely Affordable Care Act Filings, Even if Incomplete or Incorrect; Deadline…

Jan 09

U.S. Department of Labor Changes Course on Interns:

Jan 08

January's Question of the Month: Does your area require an employer to provide a written separation notice when te…