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
National Labor Relations Act (NLRA)
Return to the Pre-BFI Joint Employer Standard and Moving Forward
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…
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New NRLB General Counsel to Regional Offices: Call Me
A recent Memorandum from Peter B. Robb, the NLRB’s newly installed General Counsel, reminded me of a stanza from Lewis Carroll’s The Walrus and The Carpenter. To paraphrase: “The…
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One Response to Union Organizing – Shut Down Completely
Recently, a majority of employees at the news websites DNAinfo and Gothamist decided to join the Writer’s Guild union to bargain collectively over their terms of employment. In response, the…
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NLRB Rules That Workplace Recording Prohibitions Are Unlawful
Now that most, if not all, employees have smartphones with cameras in their pockets at all times, some employers have prohibited recording in the workplace. However, recent decisions by the…
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NLRB Unlikely To Overrule Any Controversial Obama-Era Decisions Until 2018
I hate to sound unduly pessimistic, but any hopes you had of relief from unduly labor-friendly National Labor Relations Board (“the Board”) precedent this year will likely not happen because…
Continue Reading NLRB Unlikely To Overrule Any Controversial Obama-Era Decisions Until 2018
Employee Committee or Unlawful “Company Union?”
Employers might think it wise to seek input from employees about working conditions, but they must tread carefully to make sure that they do not violate the National Labor Relations…
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The DC Circuit Is Not Persuaded: The NLRB’s Revised Back Pay Formula Survives (For Now)
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)