Your Neutral Uniform Policy May Violate the NLRA
September 7, 2022
This case arose in the backdrop of a union organizing campaign, when Tesla employees first wore black cotton shirts at work, with the union’s campaign slogan, “Driving a Fair Future at Tesla” on the front and a larger logo with the slogan and “UAW” on the back.
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NLRB Issues Notice of Proposed Rulemaking on Joint-Employer Status
September 7, 2022
On September 6, 2022, the National Labor Relations Board issued a Notice of Proposed Rulemaking as to the legal standard for determining joint-employer status under the National Labor Relations Act.
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NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful
April 18, 2022
For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National Labor Relations Board General Counsel Jennifer Abruzzo issued a memorandum expressing that the NLRB should declare such meetings to be unlawful.
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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In its unpublished decision in Bloomsburg Care and Rehabilitation Center, the National Labor Relations Board expressed a willingness to reconsider, and likely expand, what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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Who Really Qualifies for the Administrative Exemption from Overtime?

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