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

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
Continue Reading Return to the Pre-BFI Joint Employer Standard and Moving Forward

What goes around, comes around, they say, right? Not so fast said one NLRB Administrative Law Judge on November 22, 2017, when she held that the Communication Workers of America,
Continue Reading Union Violates the Act by Attempting to Get Employer to Exact Revenge on Their Behalf

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
Continue Reading Management Bar: an NLRB Administrative Law Judge Has Recently Found Certain Workplace Rules Lawful…Surprised?

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
Continue Reading The Ninth Circuit Supports the Board’s Revised Deferral Standard Under Babcock & Wilcox

On Monday, September 25, 2017, the Senate confirmed, in a 49-47 vote, the appointment of longtime management-side attorney William J. Emanuel to the National Labor Relations Board. This confirmation fully
Continue Reading Senate Narrowly Confirms Final Trump Board Appointee Giving Republicans a Majority for the First Time in Nearly a Decade

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.

You know the old saying, ‘if it ain’t broke, don’t fix it,’ right? Well, the National Labor Relations Board (NLRB) has never really liked this idea, especially during
Continue Reading The DC Circuit Is Not Persuaded: The NLRB’s Revised Back Pay Formula Survives (For Now)