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
Continue Reading NLRB General Counsel Memo Provides Guidance On The Status Of Employer Rules
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
Continue Reading “Whore Board” Is Protected Employee Speech, NLRB Finds.
A fully constituted NLRB is comprised of five members. Decisions are typically issued by three-member NLRB panels. Three is also the minimum number of members the NLRB must have to
Continue Reading NLRB is likely to operate with just four members for the time being.
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
In General Counsel Memorandum 18-05, General Counsel Peter Robb expressed his views on the use of temporary injunctions under Section 10(j) of the Act. Section 10(j) gives the NLRB
Continue Reading GENERAL COUNSEL ANNOUNCES HIS VIEWS ON 10(J) INJUNCTIVE RELIEF
On May 29, 2018, the D.C. Circuit asked the NLRB to explain – and justify – why it used a “clear and unmistakable waiver” standard when dealing with a Burns
Continue Reading The D.C. Circuit Asks the NLRB to Explain its Actions in a Burns Successor Context
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
As is often the case with the NLRB, footnotes include critical information and signal where the NLRB is heading. And, that is certainly the case with the NLRB’s blocking charge
Continue Reading NLRB Might Revisit Blocking Charge Policy
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
Continue Reading Supreme Court Allows Class Action Waivers In Arbitration
This past Monday, April 30, marked the conclusion of a weeklong strike conducted by Columbia graduate students at the University’s campus. Timing, as people say, is sometimes everything – especially
Continue Reading Columbia University Graduate Students End Their Strike…but the Saga Continues