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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NLRB Ends 5-Year Battle Over McDonald’s Status as Joint Employer

The National Labor Relations Board (NLRB) has ordered an administrative law judge (ALJ) to accept a settlement offered by McDonald’s USA, LLC in a case involving employees at Illinois franchises fired for their efforts in Fight for $15 picketing. The Obama-era NLRB and its general counsel supported the lawsuit, claiming the corporation was a joint […]

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EEOC Joins the Joint Employer Fray

The Equal Employment Opportunity Commission (EEOC) is set to issue a rule next month defining a “joint employer” relationship, according to the federal government’s fall regulatory agenda released today. The Department of Labor (DOL) and National Labor Relations Board (NLRB) are already working on their own joint employer definitions. The EEOC says its upcoming rule […]

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NLRB Mandates E-Filing

The National Labor Relations Board (NLRB) has announced a new policy requiring that all affidavits, correspondence, position statements, documentary or other evidence in connection with unfair labor practice or representation cases processed in regional offices be submitted through the agency’s electronic filing (e-filing) system. On Feb. 24, 2017, the NLRB made certain procedural amendments to […]

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McDonald’s Not a Joint Employer, Court Finds

In  a case with potentially sweeping implications for franchise operators everywhere, the 9th U.S. Circuit Court of Appeals — arguably the most liberal in the country — sided today with corporate behemoth McDonald’s against employees claiming it was responsible for what its franchisees did on the wage-and-hour front, ruling that it was not a joint […]

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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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