Employer-mandated arbitration agreements have been a hot topic in recent years. Most notably, in its highly anticipated decision in Epic Systems v. Lewis, the U.S. Supreme Court confirmed that under the Federal Arbitration Act (“FAA”), employers may require employees to enter into mandatory arbitration agreements as a condition of employment, without violating the National Labor
NLRB Issues Welcome Changes to Union Election Procedures
The National Labor Relations Board has issued a new rule that significantly changes its union election procedures, reversing controversial Obama-era rules that had expedited the election process.
The last revision was implemented in 2015, when the Obama Board revised the union election process to implement what were referred to by many as “ambush” or “quickie”
NLRB Reviewing Conflict Between Section 7 Concerted Activity and Civil Rights Laws
Section 7 of the National Labor Relations Act (“NLRA”) protects employees who engage in concerted activity. Since the Atlantic Steel case in 1979, the National Labor Relations Board (“NLRB” or the “Board”) has applied a four-part test to determine whether that protection extends to offensive language, often times finding offensive speech to be protected on
NLRB Changes Stance on Private University Student Unions
The National Labor Relations Board (the “Board” or “NLRB”) has issued notice that it will propose a new rule establishing that students who perform any services for compensation, including, but not limited to, teaching or research, at a private college or university in connection with their studies are not “employees” within the meaning of Section
The Joint-Employer Dance Continues: the NLRB’s Most-Recent Twist to the Judiciary’s Less-Recent Turn
Feel like the government shutdown has reduced news coming out of the federal administrative agencies? If so, January 17, 2019 likely provided a spark to your week. Last Thursday, National Labor Relations Board (“NLRB”) Chairman John Ring issued a letter which served as the most-recent move in the NLRB’s joint employer dance.
In his letter,
NLRB Proposed Change of Joint-Employer Standard
The National Labor Relations Board (the “Board”) announced today that it will publish a notice of proposed rulemaking tomorrow in the Federal Register regarding its joint employer standard. The Board indicated that its proposed rulemaking would foster “predictability, consistency and stability in the determination of joint employer status.” The Board indicated that an employer could
The Use of Employment Arbitration Agreements Surges
One of the strongest trends in human resource management is the dramatic increase in the use of mandatory employment arbitration agreements. In late 2017, a study by the Survey Research Institute at Cornell University determined that the number of private sector, non-union employees subject to mandatory arbitration agreements had dramatically increased in recent years. The
Handbooks Are Back: NLRB General Counsel Issues Important Guidance Regarding New Employer-Friendly Work Rules Standard
In a memorandum issued last week, NLRB General Counsel Peter Robb offered important guidance on how his office plans to prosecute claims of unlawful workplace rules in the wake of the Board’s restorative Boeing decision (365 NLRB No. 154 (Dec. 14, 2017)). As we discussed here last December, the Boeing decision created a sensible standard
NLRB Reverts Back to Broad Joint Employer Test
On Monday, the NLRB unanimously vacated its December 2017 Hy-Brand Industrial Contractors decision, marking yet another abrupt reversal in the method for determining whether two employers can be held jointly liable for violations of labor and employment laws committed by either employer. In doing so, the Board effectively reinstated its 2015 Browning-Ferris Industries (“BFI”) decision,
NLRB Gives Employers Four More Reasons to Celebrate During the Holidays
Last week the National Labor Relations Board (“NLRB” or the “Board”) continued to correct its course to a more even balance between union and employer interests. It overturned four controversial decisions that had created a great deal of consternation and uncertainty in the employer community. Click here to read the full client alert.