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.
Read More >

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”).
Read More >

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.
Read More >

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.
Read More >

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?
Read More >

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.
Read More >

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.
Read More >

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.
Read More >

NLRB Seeks Increased Participation In Its ADR Program
July 23, 2018
The National Labor Relations Board (NLRB) has launched a new “pilot program” to enhance the use of its Alternative Dispute Resolution (ADR) program, established in 2005.
Read More >

Employer’s Failure to Follow Proper NLRB Procedures after Settlement Results in Entry of Default Judgment
May 14, 2018
It should come as no surprise that in the majority of the matters wherein the National Labor Relations Board (NLRB) investigates an alleged unfair labor practice and thereafter issues a complaint, the parties enter into an informal settlement agreement.
Read More >

Recuse Me? Why the NLRB’s Order Vacating the Hy-Brand Decision Should Not Stand
March 22, 2018
Practitioners of labor law know that the 5-member panel comprising the National Labor Relations Board is appointed by the President of the United States. The Board majority (three members) are from the President’s party and the remaining two members are from the other party. As the administration changes, so does the Board majority.
Read More >

McDonald’s & The NLRB to Settle a Nearly Four-Year Battle Involving Joint-Employer Status
March 22, 2018
On March 19, 2018, McDonald’s reached a proposed settlement with the National Labor Relations Board (the “Board”) to resolve the outstanding litigation concerning alleged labor law violations by McDonald’s franchisees.
Read More >

Tweets Follow

Dec 14

New @SHRM Court Report: Emojis Deemed Harmless but Retaliation Claim Advances:

Dec 13

New @SHRM Court Report: Job Abandonment Was Effective Defense to Wrongful Discharge Claim:

Dec 12

21C Workplace Success Begins with a Handshake (and Eye Contact)!