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Tag Archives: NLRB

GOOD NEWS EMPLOYERS – The U.S. Supreme Court Says You Can Require Class Action Waivers In Your Arbitration Agreements

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

On May 21, 2018, the United States Supreme Court issued its much anticipated decision in Epic Systems Corp. v. Lewis.  In a 5-4 decision written by the newest jurist, Justice Gorsuch, the Court declares that employers can require employees to arbitrate their employment disputes individually and waive their rights to resolve those disputes through class… Continue Reading

The NLRB Reverses Itself – Good News for Employers and Their Employment Policies

Posted in Employee Privacy Rights, Labor Law, New Legislation and Regulations

In its December 14, 2017 decision entitled Boeing Company and Society of Professional Engineering Employees in Aerospace, IFPTE Local 2001 (“Boeing”), the National Labor Relations Board (“NLRB”) reversed itself and adopted a new and much more realistic standard for evaluating whether employment policies and rules violate the National Labor Relations Act (“NLRA”). To read the… Continue Reading

University Student Assistants Are Employees Under NLRA

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law

On August 23, 2016, the National Labor Relations Board (NLRB) issued a decision in The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia-GWC, UAW.  The NLRB decided that graduate and undergraduate student assistants are common law “employees” within the meaning of the National Labor Relations Act (NLRA).  The… Continue Reading

“Ambush Election”: NLRB’s New Rules Take Effect April 14, 2015

Posted in Labor Law, New Legislation and Regulations

The National Labor Relations Board (NLRB) has adopted a final rule amending its representation–case procedures.  The new procedures will speed up elections, shift the litigation of most disputes until after the election, and severely limit the opportunity for an employer to effectively run a campaign. These amendments are affectionately referred to as the NLRB’s “ambush… Continue Reading

U.S. Government Agencies: Santa or Grinch?

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations

Just in time for the holidays, the National Labor Relations Board (“NLRB”) and the U.S. Department of Labor (“DOL”) have delivered additional workplace protections for workers and prospective unions this month.  Whether those government agencies are viewed as Santa or the Grinch coming down workplace chimneys depends upon one’s perspective. Specifically, the NLRB gave a… Continue Reading

Radical NLRB Looking To Expand Liability To Franchisors

Posted in Labor Law

In an attempt to gain leverage in settlement negotiations, the NLRB Office of the General Counsel issued a directive that has rocked the franchise world.  Days ago, the NLRB Office of the General Counsel determined that McDonald’s USA, LLC, the franchisor, could potentially be held liable for the employment actions of its franchisees under a… Continue Reading

The Dawn of the “Micro-Unit”: NLRB Upholds Petitioned-For “Micro-Unit” at Macy’s Store as Appropriate

Posted in Labor Law, Wage & Hour

In a recent 3-1 decision in Macy’s Inc., the NLRB used its controversial Specialty Healthcare decision in upholding as appropriate a micro bargaining unit of only 41 employees in the cosmetics and fragrances department of a Boston-area Macy’s store.  The Micro-Unit excludes all other sales employees at the store, despite there being almost 80 other salespersons employed there…. Continue Reading

Employers are NOT Required to Post the NLRB Notice Advising Employees of Their Rights to Organize

Posted in Labor Law

By:   Lizbeth V. West, Esq. On January 6, 2014, the National Labor Relations Board (NLRB) announced that it has decided not to seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most private sector employers to post a notice of employee rights in… Continue Reading

Want to Organize Your Employer? There’s An App for That: NLRB Launches Mobile App to “Educate” Employees About the NLRA

Posted in Labor Law

August 30, 2013 will soon be remembered as the day the current National Labor Relations Board (NLRB) turned a corner and became a full-fledged advertising agency for union organization. On that day, the NLRB announced the release of a free NLRB mobile app for mobile smartphone users. Under the guise of “educating” employees about the… Continue Reading

Non Union Employers Beware: OSHA Has Just Become A Union Organizer

Posted in Labor Law

In a little publicized letter of interpretation, dated April 5, 2013, the Occupational Safety and Health Administration (OSHA) announced for the first time that during an OSHA inspection of non-union worksites, employees can be represented by anyone selected by the employees including outside union agents. In so doing, the letter, issued to the Steelworkers Union… Continue Reading

NLRB Continues Crackdown on Company Social Media Policies

Posted in Labor Law

By:  James Kachmar Those of you who attended our November 15, 2012 seminar, “Risks and Benefits of Social Media and Computers in the Workplace,” heard us discuss recent actions taken by the National Labor Relations Board (“NLRB”) regarding Social Media Use Policies adopted by employers to address the many issues that may arise with the… Continue Reading

DO YOUR EMPLOYMENT POLICIES VIOLATE THE NATIONAL LABOR RELATIONS ACT? You’d Be Surprised – But They Very Likely Do!

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations

By:   Lizbeth V. West, Esq. On September 7, 2012, the National Labor Relations Board (NLRB) issued an opinion in Costco Wholesale Corp. v. NLRB. The case is an important one for all employers (regardless of whether their employees are union or non-union). It deals with the NLRB’s continuing focus on what it believes to be over-reaching… Continue Reading

Court Invalidates Portions of Recent NLRB Posting Rule

Posted in Labor Law

By:     Chelcey E. Lieber On March 2, 2012, United States District Court Judge Amy Berman Jackson invalidated portions of the National Labor Relations Board’s recent “Notification of Employee Rights” rule, which, as previously discussed in our posts, requires private employers to post a notice to employees explaining their rights under the National Labor Relations Act… Continue Reading

Class Action Waivers in Arbitration Agreements: One Step Forward, Two Steps Back! Class Action Waivers a Violation of the National Labor Relations Act

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

If you thought all the news from the NLRB these days had to do with Posters and Recess appointments, think again. On January 6, 2012, the National Labor Relations Board emphatically rejected an arbitration agreement that required employees to waive their class action rights. This opinion squarely rejected the U.S. Supreme Court ruling last year… Continue Reading

NLRB Delays Deadline for Employers To Post its Notice to Employees Re: Rights to Unionize

Posted in New Legislation and Regulations

By:       Lizbeth (“Beth”) West, Esq.  As I wrote in my November 16, 2011 post entitled “Non-Union Employers Beware: You Are Likely Required to Post the NLRB’s New “Employee Rights” Poster,” on August 30, 2011, the National Labor Relations Board (“NLRB”) adopted a rule that would require certain employers, including non-union employers to post a notice… Continue Reading

California’s Department of Labor Standards Enforcement (DLSE) Has Issued Its Model Notice to Employees Under AB 469

Posted in New Legislation and Regulations

By:      Lizbeth (“Beth”) V. West, Esq. In October 2011, Governor Brown signed AB 469 – the “California Wage Theft Prevention Act of 2011” (the “Act”). The Act created Labor Code section 2810.5(a) which, as of January 1, 2012, requires employers to provide some new employees at the time of hire with a written notice that… Continue Reading

Non-Union Employers Beware – You Are Likely Required To Post The NLRB’s New “Employee Rights” Poster

Posted in Employee Privacy Rights, Labor Law, New Legislation and Regulations

By:       Lizbeth V. West, Esq. On August 30, 2011, the National Labor Relations Board (“NLRB”) adopted a rule that would require certain employers, including non-union employers to post a notice to employees explaining their rights under the National Labor Relations Act (“NLRA”). The implementation date was originally set for November 14, 2011. However, due to a number… Continue Reading