College Football Sacked By NLRB: Scholarship Athletes are Employees
By Steven M. Swirsky and Adam C. Abrahms The Regional Director for the NLRB’s Chicago Region has found that football players at Northwestern University who receive scholarships are “employees” for...
View ArticleNLRB’s Murphy Oil Decision Reaffirms Board’s Position on Class or Collective...
By Jill Barbarino On October 28 a three-member majority of the National Labor Relations Board in Murphy Oil U.S.A., Inc. revisited and reaffirmed its position that employers violate the National Labor...
View ArticleNLRB Issues Critical Guidance On Employer Handbooks, Rules and Policies,...
On March 18, 2015, NLRB General Counsel Richard F. Griffin, Jr. issued General Counsel Memorandum GC 15-04 containing extensive guidance as to the General Counsel’s views as to what types employer...
View ArticleFederal Judge Disregards NLRB’s Murphy Oil Holding and Dismisses Employees’...
Last week we reported that the NLRB continues its assault on arbitration agreements in spite of judicial rejection of its holdings. Days after our post, another federal judge disregarded the NLRB’s...
View ArticleClik here to view.
NLRB Argues “Misclassification” as an Independent Contractor Is Unfair Labor...
Steven M. Swirsky In a further incursion into the area of the gig and new age economy, the Regional Director for the National Labor Relations Board’s Los Angeles office has issued an unfair labor...
View ArticleClik here to view.
NLRB Acting Chair Dissents Point to Likely Changes to Board Election Rules...
NLRB Acting Chair Philip Miscimarra has given the clearest indication to date of what steps a new Republican majority is likely to take to reverse key elements of the Labor Board’s hallmark actions of...
View Article“A Day Without” Actions – How Can Employers Prepare?
On February 16, 2017, tens of thousands of individuals across the country stayed home from work as part of the “Day Without Immigrants,” a social activism campaign organized in response to President...
View ArticleMiscimarra Indicates the Future Trump NLRB – Employment Law This Week
Featured on Employment Law This Week – Philip Miscimarra, Acting Chairman of the National Labor Relations Board (NLRB), has given a strong indication of the changes likely to come once President Trump...
View ArticleClik here to view.
Second Circuit Finds That Employee’s Obscene Facebook Post Is Protected...
In NLRB v. Pier Sixty, LLC, the Second Circuit held that an employee’s expletive-laden Facebook post – which hurled vulgar attacks at his manager, his manager’s mother and his family – did not result...
View Article9th Circuit Grants a Temporary Reprieve from Seattle’s Ridesharing Union...
As we have previously reported, Unions currently face a serious existential threat as the unionized workforce in America continuously declines and the looming threat of a National Right to Work law...
View ArticleNLRB Reinstates Browning-Ferris Joint-Employer Standard . . . For Now
On February 26, 2018, in a unanimous decision by Chairman Marvin Kaplan and Members Mark Pearce and Lauren McFerren, the National Labor Relations Board (“NLRB” or the “Board”) reversed and vacated its...
View ArticleNew York City Temporary Schedule Change Law Impact Employers with Collective...
The New York City Temporary Schedule Change Law (“Law”), which became effective on July 18, 2018, raises new issues that employers with union represented employees will need to address as their...
View ArticleNLRB Begins to “Restore” the Appropriate Standard for Defining “Concerted...
Last week, the National Labor Relations Board (the “Board”) issued a decision that “begins the process of restoring” a decades-old definition of “concerted activity” under Section 7 of the National...
View ArticleNLRB Replaces Its Test for Distinguishing Between Employees and Independent...
In a three to one decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or the “Board”) in SuperShuttle DFW, Inc., 367 NLRB No.75 (2019), the Board announced it was rejecting...
View ArticleNLRB Responds to Congressional Inquiry Regarding Proposed Joint-Employer Rule
Since 2015, employers have faced continued uncertainty regarding which standard the National Labor Relations Board (“NLRB” or the “Board”) will apply when determining joint-employer status under the...
View ArticleDOL Joins NLRB in Proposing a New Rule to Determine Joint Employer Status –...
My colleagues Adriana S. Kosovych, Jeffrey H. Ruzal, and I have posted on Epstein Becker & Green, P.C.’s Hospitality Labor and Employment Law blog concerning the U.S. Department of Labor’s...
View ArticleNLRB General Counsel Concludes That Drivers Using the Uber App Are...
The Division of Advice of the National Labor Relations Board (“NLRB” or “Board”), in an Advice Memorandum, dated April 16, 2019 (“Advice Memo”),[1] has concluded that “drivers providing personal...
View ArticleNLRB Announces Plans for Further Rulemaking: Election Rules, Union Access to...
The rulemaking priorities of the National Labor Relations Board (“NLRB” or “Board”) have been released, signaling what Board Chairman John F. Ring described as “the Board majority’s strong interest in...
View ArticleNLRB Solidifies Boeing and Provides Guidance on Employer Workplace Rules
As discussed in previous blog posts and articles, the National Labor Relations Board (NLRB), in Boeing Co., overruled past precedent that had resulted in the invalidation of “commonsense [workplace]...
View ArticleCalifornia Puts a Foot On the Scale to Drive Unionization Higher: AB 1291...
As private sector unionization rates have continued to fall over recent decades, organized labor has increasingly turned to the state and local politicians it supports for assistance in the form of...
View Article
