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NLRB Proposes Rule to Exclude Student Workers at Private Colleges, Universities from NLRA Coverage

The National Labor Relations Board (NLRB) has issued a Notice of Proposed Rulemaking to establish that “students who perform any services for compensation, including, but not limited to, teaching or research, at a private college or university in connection with their studies are not ‘employees’ within the meaning of Section 2(3) of the [National Labor Relations] Act.”

Department of Labor Provides Guidance on Retirement Plan Obligations When Employees Return From Military Service

The Department of Labor recently issued a fact sheet intended to help employers understand their retirement plan obligations under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). The law provides that eligible employees that return to employment following qualified military service must be treated as though their military service was not a break in service for purposes of participation, vesting and benefit accrual under their employer’s retirement plan.[1]

NLRB Issues Reprieve for Unionized Employers Seeking to Make Unilateral Changes

Many employers loathe the prospect of unionization due to the potential of a union hampering such employer’s ability to make operational changes to adapt to business demands. Many employers signatory to a collective bargaining agreement experience firsthand the restrictions of antiquated contract language that prohibit unilateral operational changes.

Access to Private Property: Labor Board Rules Girl Scout Cookies and Union Protesters are Different

A nonemployee’s solicitation for charitable or civic causes on an employer’s property is not the equivalent of a nonemployee union representative’s engaging in a protest soliciting customers to boycott an employer or in union organizing on the property, the National Labor Relations Board (NLRB) has held. Kroger Limited Partnership, 368 NLRB No. 64 (Sept. 6, 2019).

Employers Gain Flexibility to Regulate Nonemployee Access to Property under the NLRA

On September 6, 2019, the National Labor Relations Board (NLRB or Board) issued its decision in Kroger Limited Partnership I Mid-Atlantic, 368 NLRB No. 64, and officially rejected the idea that employers that allow civic and charitable organizations to fundraise on their property must also allow nonemployee union agents to solicit on employer property in whatever manner they choose. In light of Kroger, employers may distinguish between those nonemployee activities they will and will not allow based on the nature of the activities.

The Practical NLRB Advisor – Issue 13, Summer 2019

NLRB Eases Path to Removing Union Via “Anticipatory Withdrawal”

NLRB Changes Course on Unilateral Employer Action Standard

Executive Summary: In a 3-1 decision, the National Labor Relations Board (NLRB or the Board) reversed long-held Board precedent regarding when unionized employers may unilaterally change a term or condition of employment without violating the National Labor Relations Act (NLRA or the Act). In doing so, the Board abandoned the “clear and unmistakable waiver” standard and instead applied the “contract coverage” standard. See M.V. Transportation, Case 28-CA-173726 (Sept. 10, 2019). In reaching this decision, the Board explicitly overruled its 2007 decision in Provena St. Joseph Medical Center, the last time the NLRB reaffirmed its adherence to the “clear and unmistakable waiver” standard.

NLRB Clarifies Employer Right to Require Mandatory Arbitration Agreements Following Supreme Court’s Epic Systems Decision

In a significant decision for employers, the National Labor Relations Board (NLRB) provided new guidance addressing the intersection of arbitration agreements and the National Labor Relations Act (NLRA). The NLRB’s recent decision in Cordúa Restaurants, Inc. expressly authorizes employers to modify arbitration agreements to prevent employees from opting into class action lawsuits in direct response to being sued. This decision follows the U.S Supreme Court’s 2018 decision in Epic Systems v. Lewis, which upheld the enforceability of arbitration agreements and rejected the proposition that such waivers violate the NLRA. Expanding on Epic Systems, the Cordúa NLRB held that warning employees that they will be discharged if they do not accept such an agreement, even when litigation is already pending, does not violate the NLRA.

Labor Board Adopts ‘Contract Coverage’ Standard in Unilateral Change Cases, Overturns Precedent

The National Labor Relations Board (NLRB) has made it easier for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations Act (NLRA).

Top Five Labor Law Developments for August 2019

The National Labor Relations Board (NLRB) found an employer did not violate the National Labor Relations Act (NLRA) by misclassifying its employees as independent contractors. Velox Express, Inc., 368 NLRB No. 61 (Aug. 29, 2019). Velox engaged drivers classified as independent contractors to transport medical samples to hospitals and other medical facilities.
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