Earlier this month, the General Counsel of the National Labor Relations Board issued a memo instructing regional agency officials on how to assess workplace rules in light of the new standard established by the National Labor Relations Board (NLRB) in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017). Together, the Boeing decision and the General Counsel’s memo shift the presumption regarding facially neutral workplace rules back in favor of the employer.

Continue Reading NLRB General Counsel Issues New Guidance for Workplace Rules

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 Counsel’s authorization is available here. Continue Reading NLRB General Counsel Authorizes Complaints Asserting Franchisor Can Be Jointly Liable With Its Franchisees

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 its subcontractor FPR-II, LLC (Leadpoint), or both, employed certain workers at BFI’s facility who sorted recyclable items for waste and cleaned the facility. Sanitary Truck Drivers and Helpers Local 350 (the Union) sought to represent employees at the facility and requested a ruling on whether the employees were jointly employed by BFI and Leadpoint. Continue Reading NLRB Seeks Input on Whether to Broaden its Joint-Employer Standard

Regardless of whether your workforce is non-union or union, your workplace policies and rules may be in violation of the National Labor Relations Act (NLRA). If employees could reasonably construe a policy as restricting their right “to self-organization, to form, join, or assist labor organizations . . . and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection . . .,” the policy could violate Section 7 of the NLRA. A recent decision issued by the U.S. Court of Appeals for the Fifth Circuit in Flex Frac Logistics LLC, et al. v. National Labor Relations Board held that a non-union employer’s confidentiality policy violates Section 7 of the NLRA. Flex Frac Logistics LLC (Flex Frac), which was a joint employer with another non-union entity, operated a non-union trucking company in Fort Worth, Texas. Flex Frac employees were required to sign an at-will employment agreement that contained a confidentiality rule prohibiting disclosure of confidential information, including “financial information, including costs, prices” and “personnel information and documents.” Continue Reading Fifth Circuit Holds Non-Union Employer Confidentiality Policy Violates the NLRA