Tag Archives: NLRB

New Laws and Lessons for Employers After Trump’s First 100 Days (Podcast)

In this 20-minute podcast, Hank Sledz and Lauren Novak discuss Congress’ push to allow private companies to offer comp time in lieu of paying time-and-a-half for overtime under the Working Families Flexibility Act, how employer-friendly the National Labor Relations Board (NLRB) and Department of Labor will be under new leadership, and other important changes during … Continue Reading

Is the Tide Turning Against Class Action Waivers in Arbitration Agreements?

Another federal court of appeals has weighed in on the question of whether requiring employees to waive the right to bring a class action against their employer in arbitration or court as a condition of employment violates employees’ rights under Section 7 of the National Labor Relations Act (NLRA).… Continue Reading

Temporary Employees—Or Long-Term Bargaining Obligation?

The current National Labor Relations Board (NLRB or Board) has done it again, once more overturning existing precedent. In a decision issued July 11, 2016, the Board abandoned its 2004 Oakwood Care Center decision (343 NLRB 659) which stood for the proposition that a unit comprising the employees of a “supplier” employer (such as a … Continue Reading

7th Circuit Holds Mandatory Waiver of Class Claims Unlawful; Creates Circuit Court Split

In a decision that creates a split with the 5th Circuit Court of Appeals, the 7th Circuit on May 26, 2016 adopted the National Labor Relations Board’s D.R. Horton rationale and held that a condition of employment requiring employees to waive the right to bring class or collective actions either in arbitration or in judicial … Continue Reading

More Money, More Problems: Class Action Waivers in Mandatory Arbitration Hit Roadblocks from the NLRB

Part 2 of a 3-Part Series When considering the potential bill of sale on arbitration, employers that once considered arbitration may sing a different tune. In Part 1 of our 3-part series on mandatory arbitration, we pointed out that, contrary to legal lore, arbitration often proves just as inefficient as litigation against a principle-driven plaintiff … Continue Reading

Franchisor and Franchisee: Two Peas In A Pod (But What Will The NLRB’s Ruling Really Produce?)

The National Labor Relations Board’s (NLRB) long-anticipated decision in Browning-Ferris Industries, 362 NLRB No.186, will dramatically impact business for companies ranging from leased employee staffing arrangements to franchisor-franchisee models. The August 27, 2015 decision just turned 30 years of established precedent on its head. Since the mid-1980’s, the NLRB has followed a standard finding an entity … Continue Reading

NLRB Rulings Impact Confidentiality of Employer Investigations

On June 26, 2015, the National Labor Relations (NLRB) Board issued two decisions which significantly impact the confidentiality of employer investigations into employee misconduct. In the first case, Banner Health Systems, 362 NLRB No. 137, a 2-1 Board majority reaffirmed an  earlier decision which had been vacated by the D.C. Circuit Court of Appeals since … Continue Reading

Effects of NLRB’s Adoption of “Quickie Election” Rules

Amendments to the National Labor Relations Board’s (NLRB) election rules went into effect on April 14, 2015.  The new rules have already had a major impact on the timing of and procedures for union elections. The history leading up to the adoption of these amendments was discussed in Schiff Hardin’s February 7, 2014 and December 15, 2014 Labor … Continue Reading

NLRB’s Reversal of Register Guard Will Have Significant Impact on Employers’ Email Policies

Yesterday, the National Labor Relations Board, by a 3-2 majority, reversed its 2007 decision in Register Guard, 351 NLRB 1110, which had held that employees had no statutory right to use their employer’s email systems for communications protected by Section 7 of the National Labor Relations Act. Purple Communications, Inc. and Communications Workers of America, … Continue Reading

Another Employer Confidentiality Policy Held Unlawful by the NLRB

Continuing a recent trend, the National Labor Relations Board (NLRB) has found another employer’s confidentiality/information security policy to be in violation of the National Labor Relations Act (NLRA), based on its determination that the policy could have had a chilling effect on the exercise of employees’ Section 7 rights to discuss the terms and conditions … Continue Reading

NLRB General Counsel Authorizes Complaints Asserting Franchisor Can Be Jointly Liable With Its Franchisees

Earlier this week, the General Counsel of the National Labor Relations Board (NLRB), Richard F. Griffin, authorized the issuance of multiple complaints which include allegations that a franchisor, McDonald’s, USA, LLC, could be liable as a joint employer with its franchisees for violations of the National Labor Relations Act (NLRA). The text of the General … Continue Reading

Supreme Court Affirms Noel Canning Decision, Invalidates President Obama’s January 2012 Recess Appointments to the NLRB

Yesterday, the U.S. Supreme Court affirmed the D.C. Circuit Court of Appeals’ Noel Canning decision, which found that President Obama’s recess appointments in January 2012 of Sharon Block, Richard Griffin and Terence Flynn to fill vacancies at the National Labor Relations Board were invalid under the Recess Appointments Clause of the U.S. Constitution. (Art.II, Sec.2, … Continue Reading

NLRB Seeks Input on Whether to Broaden its Joint-Employer Standard

On May 12, 2014, the National Labor Relations Board (NLRB) invited interested amici to file briefs addressing joint-employment issues raised in Browning-Ferris Industries of California, Inc., et al., v. Sanitary Truck Drivers and Helpers Local 350, International Brotherhood of Teamsters, Case No. 32-RC-109684. In that case, the NLRB is considering whether Browning-Ferris Industries (BFI) or … Continue Reading

NLRB Continues Scrutiny of Workplace Policies, Seeks to Revisit Employer Email Restrictions

The National Labor Relations Board (NLRB) continues to scrutinize workplace policies to assess whether such policies are overbroad and chilling to employees’ Section 7 rights. At issue in these cases is whether such policies could be reasonably interpreted by employees to prohibit their right to “engage in concerted activities for their mutual aid or protection” … Continue Reading

Fifth Circuit Overrules NLRB’s D.R. Horton Decision

On December 3, 2013, the Fifth Circuit U.S. Court of Appeals rejected the National Labor Relations Board’s decision that a mandatory arbitration agreement that waived an employee’s right to bring a class or collective action in any forum was a violation of the National Labor Relations Act. D.R. Horton, Inc. v. National Labor Relations Board, … Continue Reading