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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The National Labor Relations Act (NLRA) Turns 83 Today

On this day (July 5) in 1935, President Franklin D. Roosevelt signed into law the National Labor Relations Act (NLRA), which in turn created the ever-present National Labor Relations Board (NLRB) to oversee employee rights in the workplace. The NLRA is also known as the Wagner Act in honor of its principal author and sponsor, […]

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NLRB Announces Internal Ethics and Recusal Review

The National Labor Relations Board (NLRB( today announced that it will undertake a comprehensive review of its policies and procedures governing ethics and recusal requirements for board members.  This initiative will ensure that the NLRB’s stakeholders—and the American people generally—can have full confidence in the integrity of the Board and its recusal processes. “Recent events […]

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SCOTUS Sides with Employers in the Use of Forced Arbitration Agreements

Voting along ideological lines, the Supreme Court today ruled 5-4 that employers can enforce signed binding arbitration agreements with their work forces, thus legally barring class action lawsuits. The ruling allows employers to require employees to sign not only binding arbitration agreements that include class action waivers, but also non-disclosure agreements. “The policy may be […]

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