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NLRB

NLRB Publishes Advice Memo On Social Media Rules
September 9, 2019
The National Labor Relations Board’s Office of the General Counsel has published an Advice Memo on the legality of social media rules adopted by CVS Health.
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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 Puts New Limits on Union Organizing Activities on Private Property
August 30, 2019
In Bexar County Performing Arts Center Fdn. d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019), the National Labor Relations Board has limited prior decisions, which allowed the employees of a tenant to engage in union activities on the private property of their employer’s landlord.
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NLRB Proposes To Improve Representation Case Procedures
August 21, 2019
The National Labor Relations Board has issued a Notice of Proposed Rulemaking to amend its rules and regulations governing the filing and processing of representation petitions.
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NLRB Expands Scope of Mandatory Arbitration Agreements
August 16, 2019
The National Labor Relations Board has now addressed the use of mandatory arbitration agreements following the U.S. Supreme Court’s 2018 decision in Epic Systems v. Lewis.
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The First Rollout of Proposed Amendments to the NLRB's Election Rules
August 15, 2019
On August 9, 2019, the National Labor Relations Board (NLRB) issued the first of its planned series of highly anticipated proposed amendments to its union election procedures.
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Arbitration Agreement May Not Restrict Access to NLRB Processes
June 19, 2019
In a rare unanimous decision, on a closely-watched issue, from all four sitting members of an ideologically-divided National Labor Relations Board, the Board ruled that an employer’s arbitration agreement unlawfully restricted employee access to the Board and its processes.
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NLRB Limits Union Access Rights
June 18, 2019
The National Labor Relations Board has overruled decades-old precedent in holding that employers may deny access for non-employee union representatives to public restaurants and cafeterias on the employer’s private property.
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No Solicitation: NLRB Decision Allows Employers to Prohibit Union Solicitation in the Workplace
June 17, 2019
On June 14, 2019, the National Labor Relations Board overturned its long-standing ‘public spaces’ exception that allowed nonemployee union representatives access to employer-owned public spaces so long as those representatives were not disruptive.
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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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"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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