NLRB Reverses Obama-Era Decision Regarding Scope of Bargaining Units
March 9, 2018
The NLRB has overruled its 2011 Specialty Healthcare & Rehabilitation Center decision, making it more difficult for unions to cherry-pick small groups of employees in their organizing efforts.
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NLRB Upholds Discharge of Employee Whose Protected Activity Included Intentional Deception
March 7, 2018
On February 28, 2018, the National Labor Relations Board (“Board”) issued an important decision for employers and employees, reminding all that protected activity under the National Labor Relations Act does not always shield an employee from discipline.
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National Labor Relations Board Vacates Hy-Brand and Returns to Browning-Ferris Joint Employer Standard
February 27, 2018
On February 26th, the National Labor Relations Board issued an Order abruptly vacating its decision in Hy-Brand Industrial Contractors.
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NLRB GC Is Woke! (In more ways than one…)
February 23, 2018
The National Labor Relations Board’s Office of the General Counsel recently issued an Advice Memorandum and, although the employer and employee names are blanked out, it obviously is about James Damore and Google.
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NLRB Extends Time For Public Comments On Ambush Election Rules
February 16, 2018
The National Labor Relations Board (NLRB or Board) is considering changing or even rescinding the highly controversial "ambush election rules" that significantly shortened the time period between the filing of a union election petition and the election itself.
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NLRB Resets Rules on Past Practice Changes
February 15, 2018
As the composition of the National Labor Relations Board (NLRB) continues to change under President Trump, the shift from majority Democratic appointees to majority Republican appointees has brought with it some reversals of Board precedent set under the prior administration.
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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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Tweets Follow

Mar 16

Companies must comply with the European General Data Protection Regulation by May 25, 2018:

Mar 16

California Supreme Court Adopts Employee-Friendly Test For Calculating Overtime On Flat-Sum Bonuses:

Mar 16

New #SHRM Court Report: Chicago Public Schools Allegedly Requested Work During FMLA Leave.