Blog

NLRA

Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection
October 11, 2019
The National Labor Relations Board is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the course of otherwise protected activity” should lose the protection of Section 7 of the National Labor Relations Act.
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NLRB Rules Misclassification of Independent Contractors Does Not Violate the NLRA
September 6, 2019
On August 29, 2019, the National Labor Relations Board determined that employers do not violate the National Labor Relations Act merely by misclassifying employees as independent contractors when they should have been classified as employees.
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NLRB General Counsel Seeks to Deflate Scabby the Rat
May 20, 2019
Scabby, the gnarly, diseased, inflatable rat, has long been recognized as a symbol of a labor protest.
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Another Obama-Era NLRB Precedent Bites the Dust: A Swing Back Toward the Importance of “Entrepreneurial Opportunity” in Independent Contractor Analysis
February 5, 2019
On January 25, 2019, the National Labor Relations Board (“NLRB”) issued its decision in SuperShuttle DFW, Inc. and Amalgamated Transit Union, overturning the Obama-era decision in FedEx Home Delivery, which downplayed the role of entrepreneurial opportunity in the test to determine whether individuals are independent contractors.
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Are Safety Rules and Requirements Mandatory Subjects of Bargaining?
December 27, 2018
On November 20, the NLRB considered an employer’s unilateral change to safety procedures.
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Responding to Employee Activism
September 27, 2018
The month of September saw at least two major work walkouts in support of the #MeToo and #BelieveSurvivors movements.
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NLRB Issues New (And More Balanced) Guidance on Handbook Rules
June 8, 2018
On June 6, 2018, the General Counsel of the National Labor Relations Board issued guidance on lawful and unlawful handbook rules under the National Labor Relations Act. This guidance follows the GC’s December 1, 2017 withdrawal of prior guidance on handbook rules that had been issued in 2015.
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Some Work Rules Still Don't Fly Under the NLRB's New Boeing Standard
June 7, 2018
Does your Company have a work rule that limits an employee’s ability to secure a second job?  If so, maintaining such a rule may violate the National Labor Relations Act.
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NLRB Decision on Independent Contractor Issue Could Impact Related FLSA Litigation
May 18, 2018
On May 2, 2018, Leslie Smith, a well-known mixed martial arts fighter, filed an unfair labor practice charge with the National Labor Relations Board (“NLRB”) alleging that the Ultimate Fighting Championship (“UFC’) failed to renew her contract because she was trying to organize other UFC fighters.
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Arbitrator Must Rule on Independent Contractor Status of Uber Drivers in Class-Action Notwithstanding NLRA Bar to Class Action Waivers
July 25, 2017
Last week, a U.S. District Court Judge in Illinois ruled that an arbitration agreement signed by an Uber driver required arbitration on the issue of whether Uber drivers are employees or independent contractors before the driver could proceed with a wage and hour class action lawsuit against Uber.
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Tweets Follow

Oct 18

Executive Rules of Etiquette for RIFs https://t.co/IYs91n6pxl

Oct 15

Minneapolis Wage Theft Ordinance Imposes New Burdens On Employers Even Employers Without Facilities in Minneapolis https://t.co/of7RsDMwov

Oct 13

New @SHRM Court Report: Notre Dame Lawfully Fired Tenured Professor https://t.co/1KRICkYFGA