NLRB returns to joint employer status test that says a business is a joint employer only if it has “substantial direct and immediate control” over workers.Read More

On September 14, the National Labor Relations Board (“Board”) issued a proposed new joint-employer rule. The proposed rule walks back the expanded scope of the Obama-era Board’s 2015 Browning-Ferris decision, which held that an employer’s potential or indirect control over a separate employer’s employees could establish joint-employer status. The Browning-Ferris decision ignored decades of Board...Read More

On December 1, 2017, the National Labor Relations Board’s (“NLRB” or “Board”) new General Counsel, Peter B. Robb, issued his first G.C. Memorandum forecasting the direction of the NLRB in 2018 and beyond.  Therein, the General Counsel rescinded several Obama-era memoranda and signaled the NLRB’s willingness to reexamine, among other things, the standards the NLRB...Read More

Recently, the National Labor Relations Board (“NLRB”) approved a Request for Information (“RFI”) to seek public comment on its Final Rule on what was commonly referred to as the “quickie election” rule. With this recent development, employers and unions are anticipating potential modifications to or rescission of the Final Rule based on the RFI. However,...Read More

In a much anticipated decision issued on August 27, 2015, the National Labor Relations Board (“NLRB” or “the Board”) set forth its new and much more inclusive test for determining joint employer status (BFI Newby Island Recyclery, 362 NLRB No. 186). As a result, many employers may find themselves in an employment relationship for National Labor...Read More

In a surprise decision, the National Labor Relations Board (“NLRB” or “Board”) has declined to assert jurisdiction over the representation petition filed by the Northwestern University football players. This means that the petition will be dismissed without the Board making a decision on whether or not the scholarship athletes are statutory “employees.” In March of...Read More

[vc_row][vc_column][vc_column_text]Yesterday afternoon (3/18/15), the National Labor Relations Board’s General Counsel, Richard F. Griffin, Jr., issued a memorandum (Memorandum GC 15-04) summarizing the Board’s position on several social media rules commonly found in employee handbooks. The GC’s memorandum addresses several specific types of employee handbook rules, including confidentiality rules, rules restricting use of company logos and...Read More

Last December, the National Labor Relations Board (“the Board” or “NLRB”) issued a controversial new rule changing drastically how union elections will be conducted. The rule dramatically shortens the time between the filing of a certification petition and the secret ballot election.  Although the rule does not mandate that an election occur within a certain period...Read More

The National Labor Relations Board (“the Board”) continued its trend of broadening National Labor Relations Act (“the Act”) Section 7 protection for employees using social media in the recently decided Triple Play Sports Bar and Grille case. In that case, one former employee of the bar posted a “status update” on her Facebook page complaining...Read More

According to the NLRB in a decision published last week, an employer unlawfully maintained an unwritten rule that discipline was confidential and prohibited employees from sharing or discussing their discipline with coworkers. Although unwritten, the Board found evidence of its existence in a summary of an employee’s record that referred to the fact that employees...Read More