NLRB Finally Issues Its Long-Awaited Joint Employer Rule
3/3/20
By: Justin Boron In a pivotal move that could constrain collective bargaining among multiple businesses, the National Labor Relations Board (“NLRB”) last week issued its final rule for the joint employer test. It is the final step before the rule becomes effective on April 27, 2020. The NLRB uses the joint employer test to determine…
10/10/18
By: Laura Flynn In O’Connor v. Uber, a case in which California Uber drivers assert they should be categorized as employees rather than independent contractors, the Ninth Circuit Court of Appeals recently issued an order reversing the district court’s denial of Uber’s motions to compel arbitration. The Court rejected Plaintiffs’ assertion Uber’s arbitration agreements were…
7/27/18
Employee’s Slang in Comments on Social Media Protected as Concerted Activity By: Robyn Flegal A panel of the National Labor Relations Board ordered an Iowa electric company to rehire and pay back wages to a utility pole employee who was terminated for posting on social media that the Company was a “goat bang,” which he…
High Court OKs Employers' Use of Class Waivers
5/23/18
By: Paul Derrick Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), says the U.S. Supreme Court in a much-anticipated decision. The Supreme Court’s long-awaited decision resolves a circuit split on whether class or collective action waivers contained in employment arbitration agreements violate the National Labor Relations Act (NLRA).…
Company Wrongfully Terminates Employees for Emails Using Profanity
5/1/18
By: Joyce M. Mocek The National Labor Relations Board (“NLRB”) recently determined Mexican Radio Corp. (a restaurant company) violated the National Labor Relations Act (“NLRA” or the “Act”) when it fired four (nonunion) employees after they sent emails complaining about their wages, work schedules, tip policy and work conditions. The issues relating to the terminations…
Gone In A Flash: NLRB Overrules Employee Handbook Standard
12/20/17
By: William E. Collins, Jr. On December 14, 2017, in a case involving the Boeing Company, the National Labor Relations Board (“NLRB”) overruled the Lutheran Heritage workplace policy standard that stood for over 13 years, and ushered in a new standard for workplace policies. This decision is a significant shift in labor policy, leaving many hopeful that…
NLRB Delivers One-Two Punch to Pair of Standards that Have Dogged Employers
12/18/17
By: Paul H. Derrick In a stunning development, the National Labor Relations Board has overruled a pair of controversial standards that have caused headaches in the business community for years. In the first case, the NLRB reversed an Obama-era decision that put employers potentially on the hook for labor law violations committed by their subcontractors and…
Updates on the “Joint Employer” Standard
10/10/17
By: Tim Holdsworth More than two years have passed since the National Labor Relations Board (“NLRB”) handed down its new and controversial joint employer standard in Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, 2015). As you may recall, that decision greatly expanded the standard under which an entity could be found as…
Do Mandatory Arbitration Agreements with Concerted Action Waivers Violate Employee Rights?
9/8/16
By: Pamela Everett The United States Court of Appeals for the 11th Circuit is poised to address whether Samsung Electronics America, Inc. violated Section 8(a)(1) of the NLRA by requiring its employees to sign an arbitration agreement waiving their rights to maintain class or collective work-related claims in any forum. The ruling in this case…
Fourth Circuit Voids NLRB Posting Rule
6/18/13
By: Anthony Del Rio Last week the Fourth U.S. Circuit Court of Appeals struck down the National Labor Relation Board’s (NLRB) 2011 poster rule. The rule required employers to post information regarding employees’ rights to organize under the National Labor Relations Act (NLRA). The Fourth Circuit is the second appeals court to strike down the…
NLRB Provides Guidance on Investigation Confidentiality Policies
4/22/13
By: Anthony Del Rio In July 2012, the National Labor Relations Board (“NLRB”) ruled that a blanket policy requiring confidentiality during all internal workplace investigations violates employees’ rights under Section 7 of the National Labor Relations Act (“NLRA”). The ruling represented a somewhat conflicting position, because one of the primary reasons confidentiality provisions were put in…