A Proactive Look at the PRO Act
February 9, 2021
With the Democratic Party now holding a narrow majority in the Senate, the Protecting the Right to Organize Act (“PRO Act”) has newfound life a year after dying upon passage by the House majority on February 10, 2020.
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NLRB Reminds Unions That Information Requests Are A Two-Way Street
June 1, 2020
The National Labor Relations Board recently ruled that UNITE HERE's Local 1 violated the National Labor Relations Act by failing and refusing to respond to an employer’s information requests.
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Recent NLRB Ruling Demonstrates How Profanity And Threats Can Be Protected Activity
April 23, 2020
In a recent decision by the National Labor Relations Board we are reminded that protected activity is not always polite and that the National Labor Relations Act protects such conduct unless it is “sufficiently egregious or opprobrious to remove it from the protection of the Act.”
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NLRB To Expand Definition of Effective Recommendation of Discipline?
December 27, 2019
In its unpublished decision in Bloomsburg Care and Rehabilitation Center, the National Labor Relations Board expressed a willingness to reconsider, and likely expand, what constitutes an alleged supervisor’s ability to “effectively recommend” discipline.
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Calling Employer “Stupid” Protected Under NLRA
December 19, 2019
The case of Roseburg v. Forest Products Company and Carpenters Industrial Council Local Union No. 2949 (NLRB Nov. 29, 2019), involved the scope of an employee’s protected activity when criticizing the company on the union’s Facebook page.
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Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection
October 11, 2019
The National Labor Relations Board is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the course of otherwise protected activity” should lose the protection of Section 7 of the National Labor Relations Act.
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NLRB Rules Misclassification of Independent Contractors Does Not Violate the NLRA
September 6, 2019
On August 29, 2019, the National Labor Relations Board determined that employers do not violate the National Labor Relations Act merely by misclassifying employees as independent contractors when they should have been classified as employees.
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NLRB General Counsel Seeks to Deflate Scabby the Rat
May 20, 2019
Scabby, the gnarly, diseased, inflatable rat, has long been recognized as a symbol of a labor protest.
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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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Are Safety Rules and Requirements Mandatory Subjects of Bargaining?
December 27, 2018
On November 20, the NLRB considered an employer’s unilateral change to safety procedures.
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Responding to Employee Activism
September 27, 2018
The month of September saw at least two major work walkouts in support of the #MeToo and #BelieveSurvivors movements.
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NLRB Issues New (And More Balanced) Guidance on Handbook Rules
June 8, 2018
On June 6, 2018, the General Counsel of the National Labor Relations Board issued guidance on lawful and unlawful handbook rules under the National Labor Relations Act. This guidance follows the GC’s December 1, 2017 withdrawal of prior guidance on handbook rules that had been issued in 2015.
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Tweets Follow

Sep 17

New @shrm Court Report: Court Orders Deposition of VP of HR

Sep 17

Even High Earning Supervisors Can Be Entitled to Overtime

Sep 13

Ontario: Complementary Webinar, Sept 28th -- Rough Waters of Vaccination Policies: Our Thoughts on the Toughest Que…