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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DOL Takes Rare Budgetary Haircut

President Trump today signed into law a “minibus” federal funding measure that keeps the full government running through Dec. 7 while finalizing budgets for some agencies, including the Department of Labor (DOL), which lost $128 million in budgeting from FY 2018. In addition to the DOL and its $12.1 billion FY 2019 budget, the National […]

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NLRB Rule Redefines Joint Employer

Instructional materials and posters on the National Labor Relations Act (NLRA) and virtually every compliance issue a business could ever face are available in our online Digital Workplace Compliance Library, a vast and invaluable resource. You could be relying on it daily if you sign up for an annual compliance plan with Personnel Concepts. Watch […]

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NLRB to Begin Joint Employer Rule Process

RELATED: McDonald’s struggles to shed joint employer label The National Labor Relations Board (NLRB) will publish a Notice of Proposed Rulemaking (NPRM) tomorrow (Sept. 14) in the Federal Register regarding its joint-employer standard. Under the proposed rule, an employer may be found to be a joint employer of another employer’s employees only if it possesses […]

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NLRB Sets New Tone on Section 7 Workplace Rights

Instructional materials and posters on the National Labor Relations Act (NLRA) and virtually every compliance issue a business could ever face are available in our online Digital Workplace Compliance Library, a vast and invaluable resource. You could be relying on it daily if you sign up for an annual compliance plan with Personnel Concepts. Watch […]

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