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Employers worried about the effect of a new joint employer rule are breathing a sigh of relief after a court blocked its implementation, and now employers using independent contractors may also be feeling better. A new rule from the National Labor Relations Board (NLRB) would have made it harder for employers to avoid joint employment […]
On October 26, 2023, the National Labor Relations Board (the “Board”) issued its most recent standard (the “2023 Rule”) for determining when two (or more) entities are considered “joint employers” under the National Labor Relations Act. The 2023 Rule supplants the Board’s previous joint employer rule issued in 2020 (the “2020 Rule”) and expands the […]
The National Labor Relations Board’s (NLRB) new rule on joint employment puts more employers at risk of joint employer status, meaning they will bear more responsibility related to unionization, bargaining, and unfair labor practice charges. The Board’s new rule, issued October 26, replaces a rule issued in 2020 by the Trump administration’s Board. That rule […]
Two years ago, in a memo issued by the National Labor Relations Board (NLRB), the agency’s general counsel signaled that one of the Board’s main priorities would be to scrutinize whether certain workplace policies unlawfully infringed on employees’ rights to engage in protected activity under Section 7 of the National Labor Relations Act (NLRA). Common […]
The decisions of the National Labor Relations Board (NLRB) have always been subject to change—sometimes shifting in a pro-employer direction, and sometimes prolabor—depending on the political composition of its members. Once again, the Board has shifted its position on an important topic: Just how far can an employer go when disciplining employees for misconduct—including hostile, […]
A recent National Labor Relations Board (NLRB) ruling determined that including certain nondisparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (NLRA). Facts McLaren Macomb Hospital permanently furloughed 11 employees and contemporaneously presented them each with a “Severance Agreement, Waiver and Release.” The agreement contained provisions that broadly prohibited them from […]
Recently, the National Labor Relations Board (NLRB) issued an important decision in which it ruled that employers that offer severance agreements to employees with broad nondisparagement or confidentiality provisions violate Section 8(a)(1) of the National Labor Relations Act (NLRA). What do employers need to know about this recent development in labor law? Background Section 7 of the […]
A memorandum sent to National Labor Relations Board (NLRB) field offices calling for an end to mandatory meetings in which employees must listen to an employer’s side during a union campaign points to more union-friendly actions to come, according to attorneys who advise employers on labor matters. The NLRB on April 7 announced the memorandum in which […]
The National Labor Relations Board (NLRB) recently affirmed it will continue to follow and enforce the long-established “contract-bar doctrine,” which provides unions with protection from ouster during most of a collective bargaining agreement’s (CBA) effective period.
There are days when the workplace can feel a lot like an elementary school playground, with kids running back and forth tattling about their bruised feelings, having tearful meltdowns, and apparently really needing a nap and a snack.