Labor & Employment Law Updates
On February 5, 2021, the National Labor Relations Board (“NLRB”) ruled that the representation election for the proposed bargaining unit employees of Detrex Corporation (the “Employer”) would be conducted via mail-in vote.FN1 The decision was made over the objection of the Employer, who demanded a manual election
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This week, counsel for the National Labor Relations Board (“NLRB”) issued guidance on whether employees of Agri-Kind, a marijuana enterprise in Pennsylvania, who work in its indoor grow rooms are entitled to protections under the National Labor Relations Act (“NLRA”).
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On January 4, 2021, the National Labor Relations Board (“the Board”) issued a 2-1 decision holding that an employer’s social media policy, which prohibited employees from engaging in certain communications, did not violate employees’ concerted activity rights afforded under the National Labor Relations Act (“NLRA”).
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On July 21, 2020, the National Labor Relations Board (NLRB) issued a decision clarifying that employers can discipline employees for engaging in deeply offensive and abusive conduct, including racially inappropriate language or language of a sexual nature, that occurs while engaging in protected, concerted activity under the National Labor Relations Act (NLRA).
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On February 26, 2020, the National Labor Relations Board (NLRB) issued its final rule on the standard for determining “joint-employer” status under the National Labor Relations Act (NLRA).
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In two major decisions issued this week, the National Labor Relations Board (“NLRB”) approved (1) broad restrictions on non-business use of work email systems and (2) company rules prohibiting discussions about ongoing workplace investigations.
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Although misclassifying employees as independent contractors exposes companies to damages, steep penalties, and other liability, misclassification alone is not an Unfair Labor Practice under the National Labor Relations Act (“NLRA”), the National Labor Relations Board (“NLRB”) has held.
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A restaurant acted lawfully when it required its employees to sign mandatory arbitration agreements directly in response to their opting into a wage and hour collective action lawsuit, the National Labor Relations Board (“NLRB”) has held.
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Employers who have evidence that a majority of their workers no longer support their union now have greater leeway to suspend bargaining and withdraw recognition of the union after a collective bargaining agreement (“CBA”) expires, under a recent National Labor Relations Board (“NLRB”) decision.
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Broad arbitration agreements that cover “all claims or controversies” and do not explicitly carve out the right of employees to file charges with the National Labor Relations Board (“NLRB”) may be unlawful, under a recent NLRB decision.
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The National Labor Relations Board (“NLRB”) has re-instated its traditional independent contractor test, acknowledging that many franchisees and freelance contractors have significant opportunities for both economic gain and loss, and therefore should be treated as small businesses.
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Last week, the National Labor Relations Board’s Office of General Counsel (the NLRB’s “G.C.”) provided clarity as to what facially neutral employment handbook rules will be considered lawful under the NLRB’s updated Boeing Company test.
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A National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) held that an employer’s “confidential information” rule prohibited employees from discussing wages, and therefore violated Section 7 of the National Labor Relations Act (“NLRA”).
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The newly-confirmed General Counsel of the National Labor Relations Board (“NLRB”), Peter B. Robb, issued a Memorandum that signals sweeping, management-friendly changes for the NLRB’s Office of the General Counsel. In his Memorandum, the General Counsel announced a wide-range of cases that must be sent to the Division of Advice (which provides guidance on “difficult and novel issues”), for re-analysis.
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This article discusses recent legislative activity in the U.S. House of Representatives and Senate that reflects a move toward employer-friendly legislation, as well as tighter mandates concerning verification of employees to work in the United States.
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