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
Tag Archives: NLRB
The NLRB Reverses Itself – Good News for Employers and Their Employment Policies
Posted in Employee Privacy Rights, Labor Law, New Legislation and RegulationsIn 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 LawOn 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 RegulationsThe 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 RegulationsJust 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 LawIn 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 & HourIn 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 LawBy: 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 LawAugust 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 LawIn 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 LawBy: 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
Employee Flare: I Will Have a Venti, Half-Caf., Cappuccino – Hold the Union Propaganda
Posted in Labor LawIt is 6am and I am on my way to the San Francisco Bay Area for a deposition. I stop at my favorite Starbucks for a boost. The barista’s are always helpful and courteous. However, do I really need to be faced with the modern day equivalent of the 1980s TGI Friday’s server? According to… 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 RegulationsBy: 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 LawBy: 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 & HourIf 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 RegulationsBy: 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 RegulationsBy: 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 RegulationsBy: 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
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