On February 2, 2018, a split three-member Board panel held that a prior election won by a union must be vacated and, accordingly, ordered a second election as it found
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Second Times the Charm? The NLRB Permitted Another Chance to Analyze Restaurant’s Work Rules
On January 29, 2018, the DC Circuit remanded a 2016 NLRB decision – Grill Concepts Servs., Inc., 364 NLRB No. 36 (2016) – back to the Board for reconsideration
Continue Reading Second Times the Charm? The NLRB Permitted Another Chance to Analyze Restaurant’s Work Rules
Return to the Pre-BFI Joint Employer Standard and Moving Forward
Hy-Brand Industrial Contractors – the recent Board case overturning Browning Ferris Industries and restoring the previous joint employer standard – was perhaps the most important decision among the many decided
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New NRLB General Counsel to Regional Offices: Call Me
A recent Memorandum from Peter B. Robb, the NLRB’s newly installed General Counsel, reminded me of a stanza from Lewis Carroll’s The Walrus and The Carpenter. To paraphrase: “The
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Management Bar: an NLRB Administrative Law Judge Has Recently Found Certain Workplace Rules Lawful…Surprised?
The Obama Board did not pull any punches when it came to analyzing the lawfulness of workplace rules. Still, as previously blogged about here, a more balanced approach to
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The Ninth Circuit Supports the Board’s Revised Deferral Standard Under Babcock & Wilcox
The Ninth Circuit, a historically employee-friendly court, recently issued a decision that backs the NLRB’s revised post-arbitral deferral standard laid out in its December 15, 2014 Babcock & Wilcox decision
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Predicting the Supreme Court’s Decision on Class Waivers in Employment Arbitration Agreements Is Somewhat More Accurate than Reading Tea Leaves
Earlier this month, the U.S. Supreme Court heard oral arguments on whether employment agreements that require an employee to resolve a dispute with her employer through individual arbitration and waive
Continue Reading Predicting the Supreme Court’s Decision on Class Waivers in Employment Arbitration Agreements Is Somewhat More Accurate than Reading Tea Leaves
Workplace Civility Rules Aren’t Dead — Just on a Lifeline
The National Labor Relations Board (“NLRB” or “Board”) has taken a jaundiced view of employer policies that require respect and civility in the workplace over the past several years. The
Continue Reading Workplace Civility Rules Aren’t Dead — Just on a Lifeline
The D.C. Circuit Issues an Ultimately Uneventful Decision on Joint Employer
The issue of joint employer has been frequently discussed in the labor & employment law circles, and even the media, since the National Labor Relations Board (“NLRB” or “the
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Should Employers Condone Racist Comments? According to the NLRB, and the Eighth Circuit, It Depends.
Racist comments, similar to other forms of employee misconduct (e.g., workplace violence or theft), usually result in termination. Anyone with an ounce of common sense knows this. The
Continue Reading Should Employers Condone Racist Comments? According to the NLRB, and the Eighth Circuit, It Depends.