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
NLRB Might Revisit Blocking Charge Policy
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
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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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Columbia University Graduate Students End Their Strike…but the Saga Continues
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
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Remember, Protected Concerted Activity Can Take Many Forms…
On April 20, 2018, the National Labor Relations Board, by adopting an ALJ’s decision, held that employees who replied in agreement to another employee’s critical group email about the employer’s
Continue Reading Remember, Protected Concerted Activity Can Take Many Forms…
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.
Continue Reading NLRB Follows Precedent Allowing Union Insignia At Work, But Did It Signal A Change?
Despite Hy-Brand, Browning Ferris May Still Be Overruled Soon
As my colleague Andrew MacDonald blogged on February 27 (here), the Board overturned its test for joint employer liability for the second time in approximately two months when it
Continue Reading Despite Hy-Brand, Browning Ferris May Still Be Overruled Soon
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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Undergraduate Resident Advisors May Possibly Unionize…For Now
Undergraduate resident advisors usually wield a lot of power over university residence halls and those who occupy them. You likely know this already if you were ever a college freshman
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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
Continue Reading The NLRB Returns to BFI