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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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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Lawmakers Press DOL for Joint Employer Definition

Two Congressmen have written Department of Labor (DOL) Secretary Alex Acosta asking his agency to clarify a binding definition of joint employer, which the National Labor Relations Board (NLRB) is also toiling over via the final rule route. But Secretary Acosta is no fan of the regulatory process, believing Congress should be responsible in these […]

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NLRB Paring, Realigning Staff through Voluntary Retirement

Today, the National Labor Relations Board (NLRB) announced that it will offer voluntary early retirement and voluntary separation to employees holding eligible positions in designated locations within the Agency. The agency requested and obtained both Voluntary Early Retirement Authority (VERA) and Voluntary Separation Incentive Payments (VSIP) authority in order to better manage its caseload and […]

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