NLRB Update - Senate Confirms Appointment Of Former Management-Side Labor Lawyer
September 27, 2017
Monday, the U.S. Senate confirmed William J. Emanuel to join the National Labor Relations Board ("NLRB").  Mr. Emanuel is the second of President Trump's appointees to the NLRB, which has in recent years been operating with only three Board members.
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DOJ Argues Against Itself in Conflict over Arbitration Agreements and Class Action Waivers
September 20, 2017
“To waive or not to waive” is a rather simplistic version of the question that the U.S. Supreme Court is currently being faced with in the following cases: Epic Systems Corporation v. Lewis; Ernst & Young LLP et al v. Morris et al; and National Labor Relations Board v. Murphy Oil USA, Inc. et al.
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The Latest On NLRB Appointees
August 15, 2017
The National Labor Relations Board (NLRB) is made up of five Members who are appointed by the President to five-year terms, with U.S. Senate consent.  For the last several years, however, the Board has been operating with only three Members.
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The NLRB Thinks High School Sports Referees Can Unionize
July 20, 2017
I became the commissioner of my daughter’s county basketball league when she was nine.  No one else would “step up.”  The prior year, a player had slapped another player in the handshake line at the end of a game in retribution for rough play (by an 8-year-old girl!) and no game commissioner was there to intervene.
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Second Circuit Upholds NLRB Whole Foods Decision Allowing Employee Recording in the Workplace
June 20, 2017
With little fanfare, the Second Circuit Court of Appeals recently upheld a National Labor Relations Board decision striking down Whole Foods’ policies prohibiting workplace audio or video recording without prior approval from management.
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NLRB Alert - Finally Some Good News For Employers!
May 16, 2017
In late April 2017, President Trump appointed Philip A. Miscimarra as the new Chairman of the National Labor Relations Board ("NLRB").  Chairman Miscimarra has served as a Board Member of the NLRB since 2013 and is the only current Republican on the Board.
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A Battle for the Soul of the NLRB?
April 27, 2017
For several years we have watched the National Labor Relations Board take ever-more aggressive positions that (in our view) ignore the realities of the modern-day workplace and business operations (or really, common sense).
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The NLRB Rules That It Will Assert Jurisdiction Over Nonteaching Employees of Religious Institutions And Nonprofit Religious Organizations
April 13, 2017
In its decision last week in Saint Xavier University, the NLRB established the test it will use to determine whether it will assert jurisdiction over nonteaching employees of religious institutions.
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Tweets Follow

Oct 16

New #SHRM Federal Court Report: EEOC’s Investigative Authority Continues After Case Otherwise Resolved.

Oct 16

New #SHRM Federal Court Report: Employee Who Did Not Respond to Employer Loses ADA, FMLA Claims.

Oct 04

October Immigration Update: H-1B premium processing, new interview requirements, and I-9 update.