National Labor Relations Board: COVID-19 Does Not Excuse Violations

In response to the continuing global coronavirus pandemic, National Labor Relations Board (NLRB) General Council Peter Robb released guidance on the NLRB’s current stance on labor law violations. Issued on September 18th, 2020, General Council Memo 20-14 summarizes the types of COVID-related complaints that the agency has pursued since March 2020. In the vast majority […]

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CNN to pay $76 Million in Back Wages, Largest Sum in NLRB History

As part of a settlement signed this month, CNN has agreed to pay $76 million in back pay, the largest monetary remedy in the history of the National Labor Relations Board (NLRB). The back pay amount, larger than what the agency collects on average in a typical year, is expected to benefit over 300 individuals. […]

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Tesla and Elon Musk Chided for Violating Labor Law

California Administrative Law Judge Amita Baman Tracy has ruled that Tesla — and founder Elon Musk — violated the National Labor Relations Act (NLRA) numerous times in 2017 and 2018 by threatening workers who sought to unionize. A Musk tweet in May 2018 maintained: “Nothing stopping Tesla team at our car plant from voting union. […]

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Student Workers Are Not Employees, NLRB Proposes

The National Labor Relations Board (NLRB) will publish a Notice of Proposed Rulemaking (NPRM) in the Federal Register on Sept. 23, 2019, proposing a rule regarding students. Addressing a recurring question regarding the definition of “employee” under Section 2(3) of the National Labor Relations Act (NLRA), the proposed rule would exempt from the NLRB’s jurisdiction […]

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NLRB Gives Employers More Latitude to Make Unilateral Changes

The National Labor Relations Board (NLRB) has loosened the standard of when a unionized employer’s unilateral action in changing the terms or conditions of employment violates the National Labor Relations Act (NLRA). The Republican board majority adopted a “contract coverage” or “covered by the contract” standard for determining if such unilateral actions run counter to […]

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NLRB to Reconsider Protections for Foul Language

The National Labor Relations Board (NLRB) on Thursday asked for feedback on exactly when workers’ offensive outbursts become egregious enough to lose the protection of federal labor law, signaling a likely shift from the Obama administration’s expansive view on employees’ rights to express themselves. The request is in reference to a case under the Obama […]

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Classifying Workers as Independent Contractors Does Not Violate the NLRA, Board Rules

The National Labor Relations Board (NLRB) has ruled that misclassifying workers as independent contractors does not violate the National Labor Relations Act (NLRA). The decision came on Aug.29 when the board reviewed the case, Velox Express, Inc. and Jeannie Edge. In 2017, an administrative law judge ruled that Velox Express had violated the NLRA by […]

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The Past Is Prologue for the NLRB and Independent Contractors

The National Labor Relations Board (NLRB) has returned to its longstanding independent-contractor standard, reaffirming the board’s adherence to the traditional common law test.  In doing so, the board clarified the role entrepreneurial opportunity plays in its determination of independent-contractor status, as the D.C. Circuit has recognized. The case, SuperShuttle DFW, Inc., involved shuttle-van-driver franchisees of SuperShuttle at […]

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NLRB Takes Aim at ‘Protected Concerted Activity’ Definition

The National Labor Relations Board (NLRB), now with a 3-1 Republican majority, is seeking to limit the uses of the “protected concerted activity” clause of the National Labor Relations Act (NLRA). In a decision rendered Jan. 11, the majority members noted that, through the years, previous boards have “blurred the distinction between protected group action […]

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NLRB Judges Division Issues Revised Bench Book for 2019

The Judges Division of the National Labor Relations Board (NLRB) has issued an updated Bench Book, which replaces an earlier version issued in January 2018.  The new January 2019 edition contains citations to numerous additional board and court decisions and other authorities.  It also contains several new sections, including sections addressing compliance/backpay proceedings and consolidated unfair […]

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