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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Unified Regulatory Agenda Reveals Trump Administration Priorities

The Unified Agenda of Regulatory and Deregulatory Actions, released this past week, reveals a compendium of actions — and reversals of actions — that the Trump administration’s various agencies hope to carry out in the coming months, not the least of which is a revisit to and revision of the Obama overtime rule that is […]

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NLRB to Tackle Joint Employer Rulemaking

In its latest regulatory agenda, the National Labor Relations Board (NLRB) has indicated that it intends to take on defining the standard for determining a joint employer relationship through rulemaking. This effort follows the board’s failed attempt to redefine the joint employer relationship in a case — Hy-Brand — that it had to withdraw because […]

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OMB to Withhold Funding from the NLRB

While General Counsel Peter Robb seeks to reorganize and rein in the agency’s regional directors, the National Labor Relations Board (NLRB) has been told not to spend money past April by the Office of Management and Budget (OMB). “The agency heads are claiming that OMB told them” the labor board “can’t spend past April” because […]

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Ring’s Appointment to NLRB Restores Republican Majority

BREAKING NEWS: The White House on Thursday, April 12, announced John Ring would become chair of the NLRB, and Marvin Kaplan would relinquish the post and remain as a member. The Senate’s confirmation of John Ring today to the National Labor Relations Board (NLRB) restores Republicans to a 3-2 majority. The board had been deadlocked […]

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McDonald’s Joint Employer Lawsuit Set to Resume

BREAKING NEWS: A settlement has been reached with McDonald’s stipulating as part of the agreement that it is not a joint employer. An administrative law judge (ALJ) must now approve the deal, which lawyers for the plaintiffs vow to fight. In a case that could have wide-ranging implications for America’s largest franchisers, McDonald’s Corp. is […]

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Joint Employer Standard at Stake in NLRB Ethics Dilemma

The National Labor Relations Board (NLRB), Republican-controlled, faces a quandary now that its inspector general has ruled that member William Emanuel should not have voted in a decision that reversed the Obama-era “indirect control” joint employer standard. As a result, that standard remains standing much to the chagrin of the GOP members. The “indirect control” […]

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NLRB Updates Bench Book to Reflect Recent Procedural Rules

The Judges Division of the National Labor Relations Board (NLRB) has issued an updated Bench Book, which replaces an earlier version issued in November 2016. This edition of the Bench Book was edited by NLRB Judge Jeffrey Wedekind and substantially revises the previous edition. The Bench Book serves as an NLRB Trial Manual, and is designed […]

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NLRB Extends Commentary Period on Representative Elections

To aid in the consideration of the issues involving the 2014 Election Rule, the National Labor Relations Board (NLRB) is extending the time for filing responses to the Request for Information Regarding Representation Election Regulations published in the Federal Register. The submission window is currently open and interested parties may file responses on or before Monday, […]

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John Ring Nominated to NLRB

President Trump on Friday nominated business lawyer John Ring to the National Labor Relations Board (NLRB) to fill the seat of the departed Philip Miscimarra, who left in December. If Ring is approved by the Senate, Republicans would retain a 3-2 majority on the NLRB through 2020. Ring is co-chairman of the labor/management relations practice at […]

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