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While some people may have been on vacation at the end of August, the past few weeks have been extremely busy at the National Labor Relations Board (“NLRB” or “Board”), with a series of decisions that will continue to make it easier for unions to organize non-union employers. [read post]
13 Sep 2018, 2:29 pm by John Bolesta
The National Labor Relations Board has made good on its recent promise to move forward with rulemaking to re-establish the decades-old joint employer standard in place prior to the Board’s 2015 decision in Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery, 362 NLRB No. 186 (2015) (Browning-Ferris or BFI), petition for review docketed Browning-Ferris Indus. of Cal. v. [read post]
18 Feb 2020, 9:01 pm by Samuel Estreicher and Christopher Owens
The National Labor Relations Board (NLRB or Board) is often criticized on two fronts. [read post]
In a continuation of the current National Labor Relations Board’s (“NLRB” or “Board”) reversal of recent precedent established by the NLRB under the prior administration, on August 29, 2022, the Board held that Tesla, Inc. [read post]
In a continuation of the current National Labor Relations Board’s (“NLRB” or “Board”) reversal of recent precedent established by the NLRB under the prior administration, on August 29, 2022, the Board held that Tesla, Inc. [read post]
30 Aug 2015, 11:56 am by Seyfarth Shaw LLP
Co-authored by Richard Alfred and Patrick Bannon The National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., announced last week, dramatically expands joint employer liability under the National Labor Relations Act. [read post]
31 Dec 2013, 10:03 am by Beth Graham
The Fifth Circuit has partially upheld a National Labor Relations Board (NLRB) order after finding an employer engaged in bad faith labor negotiations. [read post]
2 Jul 2019, 3:55 pm by Keahn Morris and John Bolesta
Applying the National Labor Relations Board’s (Board or NLRB) traditional multi-factored common law agency test used to determine whether workers are employees or independent contractors and after considering all of the common law factors through the “prism of entrepreneurial opportunity” as mandated by the Board’s recent decision in Supershuttle DFW, Inc. [read post]
15 Dec 2017, 10:31 pm by Anthony Zaller
The National Labor Relations Board issued a ruling this week that reverses the Board’s ruling issued under the Obama administration in regards to who can be held a “joint employer. [read post]
14 Mar 2013, 11:00 am by Marvin Kirsner
National Labor Relations Board, in which Banner Health appeals a ruling by the National Labor Relations Board (the “NLRB”) ruling that the routine practice of requiring workplace investigations to be kept confidential violates Section 7 of the National Labor Relations Act, 29 U.S.C. [read post]
16 Feb 2017, 6:28 am by Joy Waltemath
On February 14, the House Subcommittee on Health, Employment, Labor, and Pensions, chaired by Representative Tim Walberg (R-Mich.), held a hearing entitled, “Restoring Balance and Fairness to the National Labor Relations Board. [read post]
On the heels of the Labor Day weekend, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking and request for comments (NPRM) that would once again change the joint employer legal standard. [read post]
29 Apr 2019, 7:21 am by Cynthia Marcotte Stamer
A Wisconsin employer did not violate the National Labor Relations Act (“NLRA”) by ceasing to deduct union dues from employees’ paychecks for remittance to their certified union in response to Wisconsin’s enactment of a right-to-work law that curtailed dues checkoff, or communicating with employees about this action according the National Labor Relations Board ruling in Metalcraft of Mayville, Inc. [read post]
9 Jun 2014, 7:53 am by Elliot Azoff
In its recent 2-1 decision in Plaza Auto Center, Inc., 360 NLRB No.117 (May 28, 2014), the National Labor Relations Board again demonstrated its pro-employee bias and its willingness to twist a circuit court mandate and facts to achieve a partisan result. [read post]