President Names Miscimarra Acting Chairman of NLRB

President Donald J. Trump has named board member Philip A. Miscimarra Acting Chairman of the National Labor Relations Board (NLRB). “It is an honor to be named NLRB Acting Chairman by the president,” Miscimarra said. “I remain committed to the task that Congress has assigned to the board, which is to foster stability and to […]

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7th Circuit Court Denies College Athletes Status as Employees

The U.S. 7th Circuit Court of Appeals has affirmed a district court’s ruling that denied employee status under the Fair Labor Standards Act (FLSA) to student athletes at the University of Pennsylvania, who had filed suit to establish an employer-employee relationship. In so ruling, the appellate court endorsed the U.S. Supreme Court’s statement in NCAA v. Board […]

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With Joint Employer Cases Pending, McDonald’s Settles with Franchisee Employees

For the first time, McDonald’s has ceased fighting a joint employer legal action and agreed to a $3.75 million settlement with franchisee employees over a wage dispute. The burger corporation was facing a lawsuit in San Francisco and a battle with the National Labor Relations Board (NLRB) over the issue of whether it was a joint […]

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NLRB Grants Employee Unionization Rights to Graduate Student Assistants

In a decision today that could drastically alter the university landscape, the National Labor Relations Board (NLRB) voted 3-1 along party lines to grant employee status to graduate student assistants at Columbia University, allowing them to unionize. The ruling, reversing a Bush-era 2004 decision, affects for-profit colleges and universities but not public institutions. The NLRB […]

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Temporary Workers Now Automatically Included in Bargaining Units, NLRB Rules

After the National Labor Relations Board (NLRB) ruling in 2015 that temporary workers are “joint employees” of both their staffing agency and the company where they work, employers feared that the next step would be to include such joint employees automatically in workplace bargaining units during unionization proceedings. As the National Law Review notes on […]

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WARN Saga Involving Republic Windows Comes to a Slow Resolution

Republic Windows and Doors, located in Goose Island, Ill., abruptly shuttered its manufacturing facility in 2008, declared bankruptcy and relocated to Iowa using another name. Workers were let go with no notice, violating the Worker Adjustment and Retraining Notification (WARN) Act. The union notified the National Labor Relations Board (NLRB), which sought redress of grievances in terms […]

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NLRB Says Host Firms Responsible for Contract Workers

The growing practice of hiring contract workers from third-party staffing agencies instead of full-time employees took a hit yesterday when the National Labor Relations Board (NLRB) ruled 3-to-2 that such firms are nonetheless responsible for labor violations involving those workers. The ruling came in the case of Browning-Ferris Industries, a Houston-based waste management company that used […]

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NLRB Reverses Course on College Football Player Unionization

In a unanimous decision, the National Labor Board (NLRB) today declined to assert jurisdiction in the case involving Northwestern University football players who receive grant-in-aid scholarships. The board did not determine if the players were statutory employees under the National Labor Relations Act (NLRA). Instead, the Board exercised its discretion not to assert jurisdiction and […]

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NLRB Rules Individual Filing a Lawsuit Is ‘Protected, Concerted Activity’

The National Labor Relations Board (NLRB), with a 2-1 majority, ruled this past week that a lone employee filing a lawsuit that seeks class action status is engaging in “protected, concerted activity,” and thus that person’s subsequent termination was illegal. The two affirming members wrote: [T]he Board has never been squarely presented with the question […]

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NLRA Celebrates Its 80th Anniversary

On July 5, 1935, President Franklin D. Roosevelt signed the National Labor Relations Act (NLRA) into existence, and along with it, the National Labor Relations Board (NLRB). On the observance of the law’s 80th anniversary, current NLRB Chairman Mark Gaston Pearce noted: Enacted in midst of the Great Depression, the National Labor Relations Act gave workers […]

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