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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DOL Sends Joint Employer Proposal to the White House

The Department of Labor (DOL) has sent a proposal on defining a joint employer relationship to the White House and its Office of Management and Budget (OMB), signaling that a Notice of Proposed Rulemaking (NPRM) will soon follow. According to the Wall Street Journal, the proposal will set a “high bar” for establishing a joint […]

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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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Obama-Era Joint Employer Ruling Nixed by D.C. Appeals Court

The joint employment ruling issued by the Obama National Labor Relations Board (NLRB) has been struck down by the D.C. Circuit Court of Appeals on grounds that the 2015 Browning-Ferris decision failed to adequately define “indirect control.” That decision, which the Trump NLRB has vowed to reverse and rewrite, said that, if a corporation or […]

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NLRB Aims to Reduce Case Processing Time

The National Labor Relations Board (NLRB) is issuing its Strategic Plan for fiscal years 2019 through 2022, which is required under the Government Performance and Results Act of 2010.  The Strategic Plan contains four mission-related goals to support the vision of NLRB Chairman John Ring and General Counsel Peter Robb. These four mission-related goals include: (1) achieving […]

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NLRB Chair Praises the Role of Rulemaking

In an era when deregulation seems the order of the day, National Labor Relations Board (NLRB) Chairman John Ring (a Trump appointee) seems to be swimming against the administration’s tide, arguing that more regulations — at least from the NLRB — are called for. The NLRB has already announced it is working on a joint […]

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