The National Labor Relations Board has proposed reversing the current joint-employer standard, which took effect on April 27, 2020. The new rule would revert to the Obama-era standard for determining joint-employer status under the National Labor Relations Act. Under the proposed rule, entities may be deemed joint employers if they “share
Articles Discussing General Labor Law Topics And The NLRA.
The NLRB’s Latest Mail-Ballot Election Decision Provides Some Light at the End of the Tunnel
It has been almost two years since the National Labor Relations Board (NLRB) issued its decision in Aspirus Keweenaw in 2020, setting forth the standards that Regional Directors use to determine the efficacy of manual-ballot elections in a post-COVID-19 world.
NLRB Holds Dues Continue Beyond Contract’s Expiration
For those that closely follow the National Labor Relations Board, it comes as no surprise that the current Biden Board overruled a decision previously issued by the Trump Board. The target this time: union dues. The NLRB held on October 3 that the employer’s obligation to deduct union dues
NLRB Reminds Employers Importance of Applying Consistent Discipline Policies in Workplace
Noting the employer did not have an employee code of conduct policy prohibiting the use of derogatory language, the National Labor Relations Board (NLRB) held an automotive dealership violated the National Labor Relations Act by wrongfully terminating a union employee for calling the owner a derogatory term during negotiations. Cadillac
NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?
On September 6, the National Labor Relations Board (the Board) issued a proposed rule to revise the current standard to determine whether employers are “joint employers” under the National Labor Relations Act (NLRA). The proposed rule would rescind the Trump-era […]
What Manufacturing and Other Employers Can Expect From Biden National Labor Relations Board
Through its decisions, the five-member National Labor Relations Board interprets the National Labor Relations Act. These decisions set rules that regulate unionized and non-unionized workplaces, including the relationship between employers and organized labor and the rights of employees to engage in concerted activities. With President Joe Biden’s appointees taking their
Labor Day 2022 Shows Union Activity at Highest Level in Decades
Labor Day 2022 comes at an optimistic time for U.S. labor unions. Prior to the COVID-19 pandemic, representation petitions and elections were declining steadily. However, National Labor Relations Board (NLRB) election filings have increased by 58% in the first nine months of 2022, compared with the same time period in
Could Leagues and Teams be Joint Employers Before the NLRB?
The National Labor Relations Board (NLRB) has released a Notice of Proposed Rulemaking to change the standard for determining if two employers may be joint employers under the National Labor Relations Act (NLRA). The proposed rule, expected to become effective sometime in 2023, could make it more likely that professional
Second Circuit Grants Fund’s Audit Request Well Beyond CBA Coverage
In a decision that bodes poorly for unionized employers, the U.S. Court of Appeals for the Second Circuit recently held that a union benefit fund was contractually entitled to conduct an audit whose scope far exceeded the bargaining unit for whom fund contributions were required.
Public Support in Unions
Business owners and managers should know what the law restricts a company to say to their employees about a union campaign. Companies should avoid threats, interrogation, promises, surveillance and discrimination (TIPS-D) involving support for a union.
Top Five Labor Law Developments for August 2022
1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher than unionized employers for the 12-month period ending June 2022. Overall, total wage and benefit costs for private-industry
Franczek Webinar: Momentum in the Labor Movement – Part I
Thursday, September 22 at 12 p.m. Registration Join Franczek attorneys Sally Scott, Mike Warner, Jason Patterson and renowned labor scholar Robert Bruno on September 22, 2022 for the first installment of our webinar series addressing the recent changes and trends in the labor movement. After […]
NLRB Proposes Rewidening of Joint-Employer Standard
On September 6, 2022, the National Labor Relations Board (NLRB) unveiled a draft notice of proposed rulemaking (NPRM) to replace its current rule, which clearly defines when two separate entities can be deemed joint employers under the National Labor Relations Act (NLRA), with the short-lived and much criticized standard it
Browning Ferris Returns: NLRB Again Proposes New Broader Rule for Determining Joint Employer Status
The National Labor Relations Board (“NLRB” or “the Board”) has proposed a new rule for determining joint employer status under the National Labor Relations Act (“NLRA”).
Your Neutral Uniform Policy May Violate the NLRA
In Tesla Inc., the National Labor Relations Board (“Board”) recently reversed a 2019 decision in Wal-Mart Stores Inc. that gave employers leeway when adopting neutral non-discriminatory dress codes. Instead, the Board applied the standard in the Supreme Court’s Republic Aviation […]
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