Can employees engage in a concerted stretching exercise during work hours? The NLRB recently said yes.
The NLRA allows employees to engage in demonstrations to support their union, including
Continue Reading Breathe, Stretch, … Strike?
NLRB General Counsel Memo Provides Guidance On The Status Of Employer Rules
In December 2017, the NLRB issued a decision in Boeing Corp., which altered the Board’s test concerning the validity of workplace rules. To further clarify the decision and current
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“Whore Board” Is Protected Employee Speech, NLRB Finds.
In a recent decision, a Board panel majority found that an employee was unlawfully fired for writing “whore board” on an overtime sign-up sheet at work. This decision highlights
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The Hy-Brand Saga Ends, But The NLRB’s Joint Employer Journey Continues
On June 6, 2018, the NLRB issued two Orders that put an end to the Hy-Brand case, which briefly changed the NLRB’s standard for determining whether two employers were jointly
Continue Reading The Hy-Brand Saga Ends, But The NLRB’s Joint Employer Journey Continues
The Ninth Circuit Gives The Green Light To Independent Contractor Ride-Sharing Collective Bargaining
Previously, I wrote about the “preemption” problem with the Seattle Ordinance regulating ride-sharing services like Uber and Lyft. After Seattle passed the Ordinance, the federal Ninth Circuit Court of Appeals
Continue Reading The Ninth Circuit Gives The Green Light To Independent Contractor Ride-Sharing Collective Bargaining
Supreme Court Allows Class Action Waivers In Arbitration
In Epic Systems Corp. v. Lewis, No. 16-285, 584 U.S. ____ (May 21, 2018), the United States Supreme Court upheld the enforceability of arbitration agreements between employers and employees
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NLRB Follows Precedent Allowing Union Insignia At Work, But Did It Signal A Change?
Though it may come as a surprise to some employers, the NLRB generally recognizes the right of employees to wear union insignia (pins with union logos, etc.) while at work.
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Union Without An Election Victory? Yes, Sometimes
Normally, a union must obtain a majority of votes cast by employees in an election to be certified as the employees’ bargaining representative. However, if the employer has engaged in
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The NLRB Returns to BFI
By a brief Order announced on February 26, 2018, the NLRB overturned its precedent on joint employer for the second time in a span of almost two months. Specifically, the
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Columbia University: Employee or Not Employee – That is the Question?
Graduate students at most private universities have been allowed to unionize since the 2016 decision of the NLRB in Columbia University. This decision was controversial because the employee status
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