"We Means I" Rules NLRB
February 26, 2019
Section 7 of the National Labor Relations Act gives employees the right to “engage in concerted  activity for the purposes...of mutual aid or protection.” The issue in the case of Alstate Maintenance, LLC (Jan. 11, 2019) is whether an employee who complained on behalf of others engaged in protected concerted activity resulting in an illegal discharge.
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Another Obama-Era NLRB Precedent Bites the Dust: A Swing Back Toward the Importance of “Entrepreneurial Opportunity” in Independent Contractor Analysis
February 5, 2019
On January 25, 2019, the National Labor Relations Board (“NLRB”) issued its decision in SuperShuttle DFW, Inc. and Amalgamated Transit Union, overturning the Obama-era decision in FedEx Home Delivery, which downplayed the role of entrepreneurial opportunity in the test to determine whether individuals are independent contractors.
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NLRB General Counsel Changes ULP Charge Deferral Policy
February 4, 2019
National Labor Relations Board General Counsel Peter Robb recently issued new guidelines to all NLRB Regional Offices concerning a change to one part of the Board’s deferral procedures – a change that is favorable to employers.
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NLRB Looks to the Future
December 18, 2018
Earlier this month, the National Labor Relations Board’s General Counsel released a 4-year strategic plan. The plan sets four broad goals that relate to how the NLRB carries out its mission.
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NLRB Surrenders Its War Against Employee Handbooks
October 15, 2018
In June, the National Labor Relations Board’s General Counsel released a memorandum providing guidance on the NLRB’s December 2017 decision in The Boeing Company, 365 NLRB No. 154, which established a new standard for evaluating the legality of employer rules, policies, and handbook provisions under the National Labor Relations Act.
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NLRB Turns To Rulemaking To Reverse Joint Employer Standard
October 12, 2018
The National Labor Relations Board (the “Board”) has issued a proposed regulation to re-establish the traditional test for determining whether two employers are considered “joint employers” under the National Labor Relations Act (“NLRA”).
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Out With the New and in With the Old? Board Issues Proposed Rule Which Would Restore Prior Joint-Employer Standard
September 17, 2018
On Thursday, September 13, the National Labor Relations Board (the “Board”) signaled its intent to return to its pre-Obama Board test for establishing joint-employer status.
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Back to the Future with the NLRB
September 14, 2018
Prior to August 2015, it was well settled under the National Labor Relations Act (NLRA) that two employers would be considered joint-employers only if they each possessed and exercised direct control over the workforce.
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The NLRB’s Mediation Push
August 31, 2018
The Equal Employment Opportunity Commission and comparable state agencies use mediation to assist in resolving cases, and several Courts require parties in a suit to participate in it. You know what other agency has it – the National Labor Relations Board (“NLRB”)—and it has been in place since December, 2005. Who knew?
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NLRB Rules in Favor of Employer in Plant Closure Dispute
August 24, 2018
In Dura-Line Corporation, 366 NLRB No. 126 (2018), the National Labor Relations Board considered whether the employer’s closure of its Middlesboro, Kentucky facility, which produced standard conduit and two types of pipes, violated Sections 8(a)(3) and (1) of the National Labor Relations Act.
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NLRB Upholds Employee’s Use of Offensive Language in Protest of Employer’s Overtime Policy
August 14, 2018
In Constellium Rolled Products Ravenswood, LLC, the National Labor Relations Board recently ruled in a 2-1 decision that the employer unlawfully discharged an employee who had written “whore board” on an overtime sign-up sheet.
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NLRB Seeks Input Regarding Use Of Employer Email And Other Computer Resources
August 7, 2018
On August 1, 2018, the National Labor Relations Board (NLRB or Board) invited interested parties to file briefs on the standard it should apply to evaluating employer policies governing the use of computer resources, such as email.
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