National Labor Relations Act (NLRA)

Private sector employers with unionized employees and even non-union employees must be especially careful when addressing certain workforce concerns connected with the coronavirus outbreak.  Below, we will address common issues
Continue Reading The Coronavirus and Unionized Employees: Issues Options and Strategies

Since the emergence of the “gig economy” in the last decade, courts and government agencies have grappled with the question of whether gig workers should be classified as employees or
Continue Reading Uber Drivers are Contractors, Not Employees, According to NLRB’s Chief Lawyer

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.

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