The Saga Continues: NLRB’s Browning-Ferris Decision On Joint Employment Still Drawing Attention – This Time From Congress

May 15, 2017 | National Labor Relations Board, Labor Relations

Since the National Labor Relations Board (NLRB) issued its now infamous Browning-Ferris decision in August 2015 that significantly altered its standard for evaluating “joint employment,” businesses – particularly those utilizing franchise models – have been concerned and confused about how broadly that standard is to be applied. In Browning-Ferris, the NLRB stated that it will no longer require that a company actually exercise control over a workforce’s terms and conditions of employment in order to be deemed a joint employer; rather, “reserved” or “indirect” (i.e., potential) control is sufficient. While Browning-Ferris does not explicitly deal with franchisor-franchisee relationships, many in the business community have feared that the new standard will be utilized by the NLRB in that setting to find joint employment. Prior to the NRLB rendering its decision in Browning-Ferris, the agency’s General Counsel issued an advice memorandum on April 28, 2015, evaluating whether restaurant-franchisee Freshii Nutritionality, Inc. was a joint employer with franchisor Freshii Development LLC. The NLRB General Counsel’s office determined that the two entities were not joint employers because of a lack of evidence that the franchisor and franchisee co-determined the terms and conditions of employment of the franchisee’s employees. The advice memo went on to indicate that the result would be the same under the new standard that was being proposed – but not yet adopted – in Browning-Ferris. Advice memos issued by the NLRB’s General Counsel are not binding precedent, however, so many business owners worry that Browning-Ferris will nevertheless be applied in the franchise context. In an attempt to bring clarity to the situation, 13 members of Congress sent a letter to the Associate General Counsel for the NLRB on May 8, 2017. In that letter, the Congress members express the concerns they’ve heard from the business community and ask the NLRB to answer the following two questions:

May the April 28^th [2015] memorandum [dealing with Freshii] be used as a blueprint for all franchise systems notwithstanding the joint employer standard established in late August 2015 [by Browning-Ferris]?
How much flexibility will franchisors have to implement, articulate, and enforce brand standards before they are deemed to cross the line into the forbidden areas of "indirect," "unexercised," or "potential" control for joint employer purposes?

The NLRB has yet to issue a public response to the letter. We will update the blog with any developments resulting from this. In addition, as previously reported, President Trump reportedly is set to nominate two Republican appointees to the NLRB in the near future, which, if confirmed, would give Republicans a majority at the agency for the first time in nearly a decade. It is possible that a Republican-led NLRB could abandon Browning-Ferris completely – regardless of any response that may be issued to the May 8th letter. A copy of the May 8th letter can be found here.

RELATED TOPICS

Judge Blocks Pilot Slowdown at Spirit Airlines

Summary of NLRB Decisions for Week of May 1-5

Redux: The PRO Act is Back in Congress

March 15, 2023 | Labor Relations, Federal Laws and Legislation, National Labor Relations Board

Labor Law Recap: 2022 Was The ‘Year of the Strike’

January 10, 2023 | Labor Relations, Strikes and Picketing

Labor Law Changes To Be Aware Of In The New Year

January 3, 2023 | Labor Relations, National Labor Relations Board

Prices Keep Rising: Labor Board Significantly Expands Remedies Available To Employees

December 14, 2022 | Labor Relations, National Labor Relations Board

Triple Threat: NLRB Facing Staffing Shortages, Increased Workload, and Budgetary Constraints

November 30, 2022 | Labor Relations, National Labor Relations Board

View All

Redux: The PRO Act is Back in Congress

March 15, 2023 | Labor Relations, Federal Laws and Legislation, National Labor Relations Board

Labor Law Recap: 2022 Was The ‘Year of the Strike’

January 10, 2023 | Labor Relations, Strikes and Picketing

Labor Law Changes To Be Aware Of In The New Year

January 3, 2023 | Labor Relations, National Labor Relations Board

Prices Keep Rising: Labor Board Significantly Expands Remedies Available To Employees

December 14, 2022 | Labor Relations, National Labor Relations Board

Triple Threat: NLRB Facing Staffing Shortages, Increased Workload, and Budgetary Constraints

November 30, 2022 | Labor Relations, National Labor Relations Board

Reversing the Call: NLRB Seeks to Rescind 2020 Rule, Protect Union Status

November 8, 2022 | Labor Relations, National Labor Relations Board

Do Smartwatches, GPS Devices, and Other Employee Tracking Technologies Violate Labor Law?

November 1, 2022 | Labor Relations, National Labor Relations Board

Labor Board Issues Updated Guidance on Injunction Actions

October 31, 2022 | Labor Relations, National Labor Relations Board

NLRB Rules Dues Checkoff Must Continue After Collective Bargaining Agreement Expires

October 7, 2022 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Mailing It In? Labor Board Signals Potential Return To Manual Elections

October 3, 2022 | Labor Relations, National Labor Relations Board, Unions and Union Membership

NLRB Proposes Rescinding Trump Board Rule and Expanding Definition of ‘Joint Employer’

September 8, 2022 | Labor Relations, National Labor Relations Board

With Tesla Decision, NLRB Rules Dress Codes Unlawful That Restrict Pro-Union Apparel

September 6, 2022 | Labor Relations, National Labor Relations Board

How Much of Current Unionization Boom Is Attributable to Nationwide Starbucks Campaign?

September 1, 2022 | Labor Relations, National Labor Relations Board, Union Organizing

Will Nonunion Employees Have Weingarten Rights in the Workplace Soon?

August 8, 2022 | Labor Relations, Unions and Union Membership

Crosshairs: Labor Board Targets Gig Economy, Noncompete Agreements, and More

July 26, 2022 | Labor Relations, National Labor Relations Board

Union Business Still Booming: Election Petitions Continue To Soar

July 20, 2022 | Labor Relations, Union Organizing

The Price for Refusing to Bargain May Soon be Going Up for Employers

July 7, 2022 | Labor Relations, National Labor Relations Board, Union Organizing

Does An Apple a Day Keep the Union At Bay? Nope.

June 28, 2022 | Labor Relations, National Labor Relations Board, Union Organizing

Shorthanded: Labor Board Faces Challenges In Handling Influx of Cases

May 9, 2022 | Labor Relations, National Labor Relations Board, Union Organizing

Labor Law Remedies: Back Pay, Front Pay, And … Training?

May 2, 2022 | Labor Relations, National Labor Relations Board

Up and Away: Union Organizing Skyrockets 57% in Last Six Months

April 19, 2022 | Labor Relations, National Labor Relations Board, Union Organizing

Saga Continues: Legal Spat Over Labor Board’s Top Lawyer Heads to Fifth Circuit

April 4, 2022 | Labor Relations, National Labor Relations Board

Labor Board Has Yet To Issue Significant Decisions Under Biden – Why?

March 25, 2022 | Labor Relations, National Labor Relations Board

Walking Off the Job Might Be Protected Under the NLRA

March 11, 2022 | Labor Relations

Warning: Your Company’s Personnel Policies May Be About To Expire

March 10, 2022 | Labor Relations, National Labor Relations Board

Caffeine Rush: Union Organizing Wave at Starbucks Continues

March 2, 2022 | Labor Relations, Union Organizing

Employee Social Media Complaints: Employers Beware

February 7, 2022 | Labor Relations, National Labor Relations Board

Can You Have Confidentiality Requirements In Mandatory Arbitration Pacts?

February 1, 2022 | Labor Relations, National Labor Relations Board

Unions by the Numbers: 2022 Edition

January 24, 2022 | Labor Relations, Unions and Union Membership, Union Organizing

NLRB and Department of Labor Join Forces: What Does This Mean for Employers?

January 19, 2022 | Labor Relations, Department of Labor, National Labor Relations Board

New Test for a New Year? Labor Board Reconsiders Independent Contractor Status

January 4, 2022 | Labor Relations, National Labor Relations Board, Union Organizing

Union Organizing Alert: Micro-Units May Be Back at the Labor Board

December 16, 2021 | Labor Relations, Union Organizing, National Labor Relations Board

Abruzzo's Tweets Take Aim at Employer-Friendly Labor Law Precedent

December 8, 2021 | Labor Relations, National Labor Relations Board, Unions and Union Membership

What the 'Vaccine or Test' Mandate Means for the Union Workplace

November 16, 2021 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Fast Times at the NLRB: The Labor Board Targets Spicoli

November 12, 2021 | Labor Relations, National Labor Relations Board, Unions and Union Membership

56 Million Reasons Employers Should Watch the NLRB

November 5, 2021 | Labor Relations, National Labor Relations Board

Freaky Fast: NLRB Continues To Quicken Case Processing

October 28, 2021 | Labor Relations, National Labor Relations Board, Union Organizing

Can You Stop Your Employees From Talking To The Press?

October 5, 2021 | Labor Relations, National Labor Relations Board

Are College Athletes Employees? NLRB Reverses the Call on the Field

September 30, 2021 | Labor Relations, National Labor Relations Board

Draconian: NLRB Signals Even Harsher Penalties for Employers May Be Coming

September 23, 2021 | Labor Relations, National Labor Relations Board

Goodbye, Settlements: NLRB to Insist on Total Capitulation Conditions

September 17, 2021 | Labor Relations, National Labor Relations Board, Union Organizing

Employers Beware: NLRB General Counsel Pushes for Expanded Economic Penalties

September 10, 2021 | Labor Relations, National Labor Relations Board

Labor Day 2021: State of the U.S. Labor Unions

September 2, 2021 | Labor Relations, National Labor Relations Board, Federal Laws and Legislation

Stop It! Labor Board Signals More Injunction Litigation Against Companies

August 26, 2021 | Labor Relations, National Labor Relations Board, Federal Laws and Legislation

Ready, Set, Go! NLRB’s New General Counsel Outlines Ambitious Pro-Union Agenda

August 17, 2021 | Labor Relations, National Labor Relations Board, Union Organizing

Giggity Giggity: Gig Economy Workers Launch Unionization Effort

August 6, 2021 | Labor Relations, Union Organizing, National Labor Relations Board

Prepare for Takeoff: NLRB’s New Pro-Union Majority Will Soon Take Over

July 30, 2021 | Labor Relations, National Labor Relations Board

Federal Judge Says President Can Fire NLRB General Counsel

July 16, 2021 | Labor Relations, National Labor Relations Board

How Long Does It Take To Negotiate A Union Contract?

July 13, 2021 | Labor Relations, National Labor Relations Board, Union Organizing, Unions and Union Membership

Squeaky COVID Wheel Doesn’t Get the Grease

July 8, 2021 | Labor Relations, National Labor Relations Board

Supreme Court Favors Employer Property Rights Over Union Access To Employees

June 30, 2021 | Labor Relations, Union Organizing, National Labor Relations Board

Coming Soon to a Workforce Near You: The NLRB

June 22, 2021 | Labor Relations, National Labor Relations Board, Union Organizing

Is It Time To Review and Consider Updates to Your Personnel Policies?

June 16, 2021 | Labor Relations, National Labor Relations Board

Goodbye NY: No Union For Uber Drivers…For Now

June 11, 2021 | Labor Relations, National Labor Relations Board, State Labor Laws, Unions and Union Membership

New NLRB Rule Prohibits Solicitation of Voters’ Mail Ballots in Union Elections

June 10, 2021 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Unblocked: Labor Board Declines To Delay Decert Election Based On Pending ULPs

June 4, 2021 | Labor Relations, National Labor Relations Board, Union Organizing

President Biden Nominates Union-Side Attorney Gwynne Wilcox to the NLRB

May 28, 2021 | Labor Relations, Federal Laws and Legislation, National Labor Relations Board

Backpay: So, How Much Do I Owe the NLRB?

May 21, 2021 | Labor Relations, National Labor Relations Board

Can The Labor Board Force You To Reopen Your Business?

May 14, 2021 | Labor Relations, Union Organizing, National Labor Relations Board

Status of Former NLRB General Counsel Still up in the Air

May 6, 2021 | Labor Relations, National Labor Relations Board

Status Quo: Contract Bar Doctrine Remains Intact

April 22, 2021 | Labor Relations, National Labor Relations Board, Labor Agreements

Who’s Down With PCA? All Employees Will Be Under Proposed New Standard

April 5, 2021 | Labor Relations, National Labor Relations Board

While increasing public outreach, NLRB staffs up for greater enforcement efforts

April 1, 2021 | Labor Relations, National Labor Relations Board

Are the Rules Changing for Employer Dress Codes and Union Insignia?

February 15, 2021 | Labor Relations, Unions and Union Membership, National Labor Relations Board

Do You Smell a Rat? Scabby Gets a Lifeline

February 11, 2021 | Labor Relations, National Labor Relations Board, Unions and Union Membership, Strikes and Picketing

Slow Mo: Union Election Pace Slowed In 2020

January 11, 2021 | Labor Relations, Unions and Union Membership

A Tweet For A Tat: Magazine Founder’s Twitter Post Ruled Unlawful

December 3, 2020 | Labor Relations, National Labor Relations Board

Kicking It Into Gear: NLRB Continues Improving Case Processing Statistics

November 13, 2020 | Labor Relations, National Labor Relations Board

Mail It In! NLRB Sets Standards For Mail-In Ballot Union Elections During Pandemic

November 10, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Scabby The Rat On The Chopping Block

October 28, 2020 | Labor Relations, National Labor Relations Board, Strikes and Picketing

How Has COVID-19 Impacted Union Election Results?

October 23, 2020 | Labor Relations, Unions and Union Membership, National Labor Relations Board

Is Staying Neutral During a Union Campaign Unlawful?

October 6, 2020 | Labor Relations, Union Organizing, National Labor Relations Board

Union Decertification Update: NLRB Extends Comments Deadline For Contract Bar

September 18, 2020 | Labor Relations, National Labor Relations Board, Labor Agreements

Labor Day 2020: State of the U.S. Labor Unions

September 4, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

UPDATE: Can You Prohibit Employees From Using Cell Phones At Work?

August 24, 2020 | Labor Relations, National Labor Relations Board

Oh Snap! Employee Lawfully Terminated For Profanity-Laced Facebook Post

August 18, 2020 | Labor Relations, Social Media and Technology, National Labor Relations Board

NLRB Offers Some Pandemic Labor Law Clarity

August 12, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

NLRB OK’s Employer’s Moonlighting Ban

August 5, 2020 | Labor Relations, National Labor Relations Board

NLRB Moves to Protect Employee Privacy (And More) During Union Elections

July 28, 2020 | Labor Relations, National Labor Relations Board

NLRB Signals Potential Rewrite of Contract Bar Doctrine

July 10, 2020 | Labor Relations, National Labor Relations Board

Labor Board’s Top Lawyer Outlines Potential Procedures For Live Union Elections

July 8, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

NLRB Continues to Turn Back the Clock, Restoring Pre-Obama Disciplinary Rule

June 24, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Do You Have To Bargain With Your Predecessor’s Union After You Bid On And Win A Contract?

June 22, 2020 | Labor Relations, Unions and Union Membership

Unnecessary Roughness: NLRB Calls Foul on Union for Workplace Investigation Interference

June 17, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Shhh! NLRB Says Companies Can Block Union Talk on the Clock

June 9, 2020 | Labor Relations, National Labor Relations Board

Full Steam Ahead, At Least In Part, for Union Election Rule Changes

June 3, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Federal Judge Strikes Down NLRB Election Rule

June 1, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Catch-22? Company’s Scrutiny of Immigration Documents Deemed Unlawful

May 27, 2020 | Labor Relations, National Labor Relations Board, Union Organizing

NLRB Nixes Telephonic Pre-Election Hearing, Orders Remote Video Hearing Instead

May 15, 2020 | Labor Relations, National Labor Relations Board

Union Elections and Employer Considerations During Social Distancing

April 21, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership, Union Organizing

How to Respond to Union Information Requests Regarding COVID-19

April 9, 2020 | Labor Relations, Unions and Union Membership, National Labor Relations Board

Back To Normal? Labor Board To Restart Union Elections

April 2, 2020 | Labor Relations, National Labor Relations Board

Labor Board Finalizes Rule Changes to Enhance Employee Free Choice

April 1, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Can You Conduct Collective Bargaining By Phone or Teleconference In the Age of Coronavirus?

March 26, 2020 | Labor Relations, National Labor Relations Board

NLRB Delays New Election Rule in Response to AFL-CIO Challenge

March 24, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

NLRB Suspends All Union Elections Until April 3 In Light Of Pandemic

March 19, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Can The AFL-CIO Block The NLRB’s New Election Rule?

March 13, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Trump Re-Nominates Two NLRB Members For New Terms

March 5, 2020 | Labor Relations, National Labor Relations Board

Hello! Company’s Employee Cell Phone Ban Upheld

February 26, 2020 | Labor Relations, National Labor Relations Board

Clarity At Last: Joint Employers Must Exercise Substantial Direct and Immediate Control

February 25, 2020 | Labor Relations, National Labor Relations Board

NLRA’s Jurisdiction Over Charter Schools Remains Undecided

February 24, 2020 | Labor Relations, National Labor Relations Board

Can You Force Employees To Work Weekend Overtime?

February 17, 2020 | Labor Relations, National Labor Relations Board, Labor Agreements, Unions and Union Membership

Just a Reminder: Your Employees May be Recording You

February 13, 2020 | Labor Relations, National Labor Relations Board

NLRB Continues To Validate Employee Confidentiality Provisions

February 7, 2020 | Labor Relations, National Labor Relations Board

D.C. Circuit Rebukes NLRB’s Power Grab Over Religious Universities

February 5, 2020 | Labor Relations, National Labor Relations Board

UPDATE: Can You Require Employees To Keep Harassment And Other Workplace Investigations “Confidential”?

January 27, 2020 | Labor Relations, National Labor Relations Board

Show Me The Money! CNN To Pay $76 Million To Resolve Labor Board Complaints

January 22, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Union Violated Labor Law By Refusing To Provide Information On How To Resign

January 9, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Labor Board Rounds Out 2019 with a Few More Obama-Era Reversals

January 6, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

NLRB Squares Itself With EEOC: Employers May Require Confidentiality During Open Investigations

December 18, 2019 | Labor Relations, National Labor Relations Board

Dues Check Off Provisions Once Again Expire With CBA, NLRB Rules

December 16, 2019 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Labor Board Dials Back Ambush Election Rules

December 13, 2019 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Federal Court: Nurse Lawfully Terminated For Alleged Elder Abuse

December 12, 2019 | Labor Relations, Unions and Union Membership, National Labor Relations Board

Too Small? NLRB’s New Micro-Unit Test Likely Headed to Federal Court

December 4, 2019 | Labor Relations, National Labor Relations Board

Labor Board Makes E-Filing Mandatory

November 6, 2019 | Labor Relations, National Labor Relations Board

Labor Board’s Boeing Handbook Rule Produces Encouraging Results

October 18, 2019 | Labor Relations, National Labor Relations Board

Tight Ship: Labor Board Reports Improvement In Case Handling Statistics

October 14, 2019 | Labor Relations, National Labor Relations Board

Final Exam? NLRB to AGAIN Address Whether Grad Students are Employees

September 23, 2019 | Labor Relations, National Labor Relations Board

Why It's Critical That Employers Choose Words Carefully at the Bargaining Table

September 20, 2019 | Labor Relations, National Labor Relations Board

Uh-Oh: Company’s Social Media Policy Ruled Unlawful

September 18, 2019 | Labor Relations, National Labor Relations Board

Another Win for Employer Property Rights: NLRB Loosens Discrimination Definition

September 13, 2019 | Labor Relations, National Labor Relations Board

At Long Last, NLRB Adopts Contract Coverage Over Waiver

September 12, 2019 | Labor Relations, National Labor Relations Board

Labor Board Clears Boeing For Takeoff, Ices Funky Bargaining Unit

September 10, 2019 | Labor Relations, National Labor Relations Board

The Dizzying World of Worker Classification Just Got Slightly Less Harrowing

September 3, 2019 | Labor Relations, National Labor Relations Board

This is the Clause that Always Ends, It Stops Here and Now, My Friends

August 28, 2019 | Labor Relations, National Labor Relations Board

Ouch! Harm to Business or Reputation Policy Ruled Unlawful

August 23, 2019 | Labor Relations, National Labor Relations Board

This is the Clause That Never Ends, It Goes on and on, My Friends

August 19, 2019 | Labor Relations, National Labor Relations Board

NLRB Says Employers Can Change Arbitration Agreements After Being Sued

August 15, 2019 | Labor Relations, National Labor Relations Board

NLRB Reveals Proposed Regulations Revamping Election Procedures

August 9, 2019 | Labor Relations, National Labor Relations Board

Labor Board: Executive’s Comments Did Not Unlawfully Create the Impression of Surveillance

August 1, 2019 | Labor Relations, National Labor Relations Board

Shakeup at the NLRB

July 25, 2019 | Labor Relations, National Labor Relations Board

Court Overturns Suspension of Employee Refusing Work Due to Safety Concerns

July 9, 2019 | Labor Relations, Unions and Union Membership, National Labor Relations Board

What Happened To Former NLRB Chairman Mark Gaston Pearce?

July 1, 2019 | Labor Relations, National Labor Relations Board

NLRB Rules Employers May Maintain Discipline Between Election and Certification

June 24, 2019 | Labor Relations, National Labor Relations Board

NLRB Gives Employers Win Against Non-Employee Union Organizers

June 17, 2019 | Labor Relations, National Labor Relations Board

Cough it Up! Company Forced to Give Union Complete Copy Of Third-Party Agreement

June 11, 2019 | Labor Relations, National Labor Relations Board

Don’t Take The Bait! Termination Of Employee Provoked By Employer’s Negative Review Unlawful

June 7, 2019 | Labor Relations, National Labor Relations Board

Thin Skin? Discharge of Employee for Criticizing Executive’s Salary Was Unlawful

May 31, 2019 | Labor Relations, National Labor Relations Board

Changes Coming: NLRB Considers Rulemaking on Ambush Elections and More

May 24, 2019 | Labor Relations, National Labor Relations Board

Are Uber Drivers Employees?

May 15, 2019 | Labor Relations, National Labor Relations Board

What The Heck Are Employee Weingarten Rights And Are There Limits?

May 1, 2019 | Labor Relations, Unions and Union Membership

Can You Terminate An Employee For Talking To The Press?

April 24, 2019 | Labor Relations, National Labor Relations Board

NLRB Again Extends Comment Period For Impending Joint-Employer Rule

December 17, 2018 | Labor Relations, National Labor Relations Board

NLRB Announces Strategic Plan For 2019 to 2022

December 13, 2018 | Labor Relations, National Labor Relations Board

NLRB Signals We May Not Get Clarity On Construction Industry CBAs Just Yet

October 18, 2018 | National Labor Relations Board, Labor Relations

You’ve Got Mail! NLRB Chairman Issues Letter Regarding Employer Email Case

September 25, 2018 | National Labor Relations Board, Labor Relations

Is That A Section 9(a) Or 8(f) Agreement? The NLRB May Soon Be Providing More Clarity.

September 13, 2018 | National Labor Relations Board, Labor Relations

Does Enrolling In E-Verify Violate Labor Law?

September 7, 2018 | National Labor Relations Board, Labor Relations

Polite President or Political Deal? Trump Renominates Pro-Union Mark Gaston Pearce To NLRB

August 30, 2018 | National Labor Relations Board, Labor Relations

NLRB To Renegotiate … Its Own CBA!

August 14, 2018 | National Labor Relations Board, Labor Relations

No Soliciting: Employer Solicitation Ban Ruled Unlawful

August 9, 2018 | National Labor Relations Board, Labor Relations

Dinged For Doing The Right Thing: NLRB Says Employer Must Produce Names Of Witnesses In Harassment Investigation

August 8, 2018 | National Labor Relations Board, Labor Relations

Changes Coming to NLRB’s Stance On Company E-Mail Policies?

August 2, 2018 | National Labor Relations Board, Labor Relations

Moving The Needle: NLRB GC Announces Agency Process Changes

August 1, 2018 | National Labor Relations Board, Labor Relations

Don’t Pull The Tapes: Employer Dinged By NLRB For Surveilling Employee Union Activity On Video Archives

July 23, 2018 | National Labor Relations Board, Labor Relations

Resolution: Labor Board Announces Initiative To Increase ADR Participation

July 12, 2018 | National Labor Relations Board, Labor Relations

‘BIG Little Lies’: Court Upholds Employee Discharge For Dishonesty

July 9, 2018 | National Labor Relations Board, Labor Relations

Headcount Reduction: NLRB Reportedly To Offer Buyouts In Effort To Trim Staff

June 27, 2018 | National Labor Relations Board, Labor Relations

Happiest Union On Earth? Teamsters Violated Disney Parks Workers’ Labor Law Rights

June 25, 2018 | National Labor Relations Board, Labor Relations

No, Thank You: Boeing Declines Union’s Invitation To Bargain, Setting Up Micro-Unit Appeal

June 20, 2018 | Unions and Union Membership, Labor Relations

Have An Employee Handbook Or Other Personnel Policies? Here’s A BIG Development You Need To Know

June 19, 2018 | National Labor Relations Board, Labor Relations

Unscrambling the Hy-Brand Egg - NLRB Tackles Ethics/Recusal Mess

June 11, 2018 | National Labor Relations Board, Labor Relations

Teamsters On The Hook For Full Back Pay, Says NLRB

June 7, 2018 | National Labor Relations Board, Labor Relations

Fireworks! NLRB Chairman Fires Back At Senators, Confirms Agency Will Address Joint-Employer Issue Through Rulemaking

June 6, 2018 | National Labor Relations Board, Labor Relations

Fractured Workforce: Union Scores Micro-Unit Election Win At Boeing

June 4, 2018 | National Labor Relations Board, Unions and Union Membership, Labor Relations

Senators Express Concern Over Labor Board’s Planned Rulemaking

May 30, 2018 | National Labor Relations Board, Labor Relations

Loose Lips Don’t Sink Ships: NLRB Member Cleared By Agency Inspector General

May 22, 2018 | National Labor Relations Board, Labor Relations

Finality at Last: Supreme Court Overrules NLRB’s Controversial Policy Against Employee Class Action Waivers in Arbitration Agreements

May 21, 2018 | National Labor Relations Board, Labor Relations

Employer Handbook Policies Still in the Crosshairs: NLRB Judge Strikes Down Employer’s Moonlighting Policy

May 18, 2018 | National Labor Relations Board, Labor Relations

One Way Or Another: Trump NLRB Coming at Joint-Employer Standard from New Angle

May 17, 2018 | National Labor Relations Board, Labor Relations

Different Animal, Same Beast: PCC Structurals Micro-Unit Survives Traditional Community of Interest Standard on Remand

May 14, 2018 | National Labor Relations Board, Labor Relations

Board Members Again Raise Prospect of Changing Blocking Charge Rule

May 11, 2018 | National Labor Relations Board, Labor Relations

Illegality of Union Resignation Rule Upheld by D.C. Circuit Court

May 10, 2018 | National Labor Relations Board, Unions and Union Membership, Labor Relations

What Not To Wear: Employer Dress Code Policy Ruled Unlawful

May 7, 2018 | National Labor Relations Board, Labor Relations

UFC Enters NLRB Independent Contractor Cage Match

May 3, 2018 | National Labor Relations Board, Labor Relations

Don’t Pick and Choose: Company’s Inconsistent Rules Enforcement Results in Employee Terminations Being Overturned

May 2, 2018 | National Labor Relations Board, Labor Relations

NLRB Expands Unions’ Ability to Acquire Information to Investigate Discrimination Complaints

April 30, 2018 | National Labor Relations Board, Unions and Union Membership, Labor Relations

Lost In The Mail: Invalid Mailing Addresses Cost Company Union Election

April 23, 2018 | National Labor Relations Board, Labor Relations

Musical Chairs: Ring Named Chairman of the NLRB

April 16, 2018 | National Labor Relations Board, Labor Relations

UPDATE: Does Misclassifying Employees As Independent Contractors Violate Labor Law?

April 13, 2018 | Department of Labor, National Labor Relations Board, Labor Relations

Wolf Guarding The Hen House? Group Demands Investigation Into NLRB’s Inspector General.

April 5, 2018 | National Labor Relations Board, Labor Relations

Employees Urge NLRB To Overturn The “Ambush Election Rule”

April 3, 2018 | National Labor Relations Board, Labor Relations

Loose Lips Sink Ships: Obama-Appointed NLRB Member Under Investigation

March 30, 2018 | National Labor Relations Board, Labor Relations

NLRB Avoids Drastic Budget Cut

March 26, 2018 | National Labor Relations Board, Labor Relations

Whose Law Is It Anyway? NLRB Dings Company For Actions Related To FLSA (Not NLRA) Lawsuit

March 22, 2018 | National Labor Relations Board, Labor Relations

Another Redo At The NLRB Because Of Conflicts of Interest?

March 16, 2018 | National Labor Relations Board, Labor Relations

NLRB Extends Deadline for Public Feedback on Potential Changes to Its ‘Ambush Election Rule’ – Again

March 14, 2018 | National Labor Relations Board, Labor Relations

Full Disclosure: Hospital Forced To Give Union Confidential Business Information

March 13, 2018 | National Labor Relations Board, Labor Relations

Does Labor Law Protect Employees Engaged In Harassment?

March 7, 2018 | National Labor Relations Board, Labor Relations

Justified: Labor Board Upholds Discharge Of Employee Who Misused Company Security Passcode

March 6, 2018 | National Labor Relations Board, Labor Relations

Social Media Policies Continue To Give Rise To Litigation Before The Labor Board

March 5, 2018 | National Labor Relations Board, Labor Relations

Frozen: Union Appeals to Congress Over NLRB’s Planned “Hiring Freeze”

March 2, 2018 | National Labor Relations Board, Labor Relations

U.S. Supreme Court to Take Up Independent Contractor Arbitration Case

February 27, 2018 | National Labor Relations Board, Labor Relations

Oh no! It’s Back: NLRB’s Browning-Ferris Decision Reinstated

February 26, 2018 | National Labor Relations Board, Labor Relations

Charge Filed Against Union Regarding “Forced Dues Payments”

February 23, 2018 | National Labor Relations Board, Labor Relations

Do Over? NLRB May Have To Revisit Its Stance On Joint-Employers Due To Alleged Conflict

February 21, 2018 | National Labor Relations Board, Labor Relations

Scrutinized: Congressional Members Questioning Agenda of New NLRB GC

February 20, 2018 | National Labor Relations Board, Labor Relations

Does Misclassifying Employees As Independent Contractors Violate Labor Law?

February 19, 2018 | Department of Labor, National Labor Relations Board, Labor Relations

Prior Administration Board Decisions Still Matter

February 16, 2018 | National Labor Relations Board, Labor Relations

‘Mean Girls’: Union Violated Labor Law By 'Ostracizing' and 'Humiliating' Its Own Members On Facebook, Says NLRB GC

February 15, 2018 | National Labor Relations Board, Unions and Union Membership, Labor Relations

Slimming Down? NLRB Considering Slashing Headcount

February 9, 2018 | National Labor Relations Board, Labor Relations

NLRB Issues Updated “Bench Book” for its Judges

February 6, 2018 | National Labor Relations Board, Labor Relations

On the Hook: NLRB Forces Hotel to Pay Union’s Attorney’s Fees Related to Boycott Spat

February 5, 2018 | National Labor Relations Board, Labor Relations

Second Time’s the Charm? NLRB to Reconsider Lawfulness of Restaurant’s Work Rules Under New Standard

February 1, 2018 | National Labor Relations Board, Labor Relations

Columbia to Fight NLRB Ruling on Graduate Assistants’ Unionization Efforts in Federal Court

January 31, 2018 | National Labor Relations Board, Labor Relations

NLRB Extends Deadline for Public Feedback on Potential Changes to Its ‘Ambush Election Rule’

January 29, 2018 | National Labor Relations Board, Labor Relations

Purple in the Face: Union Urges Federal Court to Permit Non-Business Use of Company Email Systems by Employees

January 23, 2018 | National Labor Relations Board, Labor Relations

CLOSED: NLRB Among Agencies Closed During Government Shutdown

January 22, 2018 | National Labor Relations Board, Labor Relations

Potential Organizational Changes at the NLRB Could Drastically Affect Labor Board Case Handling

January 19, 2018 | National Labor Relations Board, Labor Relations

Trump Fills Final Vacancy on NLRB, Returns NLRB to Republican-Led Majority

January 19, 2018 | National Labor Relations Board, Labor Relations

Union Sabotages Its Own Request For Information, Says NLRB

January 12, 2018 | National Labor Relations Board, Labor Relations

A Hail Mary? Union Fights To Keep NLRB Joint-Employer Case In Federal Court

January 8, 2018 | National Labor Relations Board, Labor Relations

Trump’s NLRB Signals It Will Revisit Board’s Stance On ‘Confidential Severance Agreements’

January 5, 2018 | National Labor Relations Board, Labor Relations

Has Your Company Had an NLRB Charge Filed Against It Recently? If So, Here Are Two BIG Developments You Need to Know

January 3, 2018 | National Labor Relations Board, Labor Relations

NLRB Signals Reversal of Blocking Charge Policy

December 29, 2017 | National Labor Relations Board, Labor Relations

Specialty Healthcare Death Throes Continue

December 28, 2017 | National Labor Relations Board, Labor Relations

The Gifts Keep On Comin’: NLRB GC Memo Signals Favorable Change for Employers in Union Elections

December 27, 2017 | National Labor Relations Board, Labor Relations

Trump Elects New NLRB Chair

December 22, 2017 | National Labor Relations Board, Labor Relations

NLRB Asks Ninth Circuit to Uphold Purple Communications Decision

December 21, 2017 | National Labor Relations Board, Labor Relations

Welcome to the NLRB Labor Law Time Machine, Step Right In…

December 19, 2017 | National Labor Relations Board, Labor Relations

A Final Bow from Miscimarra Lessens Employer Bargaining Obligations

December 19, 2017 | National Labor Relations Board, Labor Relations

All the King’s Horses and All the King’s Men CAN Put Humpty Dumpty Together Again: NLRB Overrules Specialty Healthcare, Potentially Reducing Number of Fractured Bargaining Units

December 18, 2017 | National Labor Relations Board, Labor Relations

NLRB Delivers Early Holiday Gifts to Employers

December 15, 2017 | National Labor Relations Board, Labor Relations

NLRB Shuttering Its Alaska Office

December 13, 2017 | National Labor Relations Board, Labor Relations

Roll It Back? NLRB Potentially Contemplating Rescinding ‘Quickie Election Rules’

December 12, 2017 | National Labor Relations Board, Labor Relations

And So It Begins…Trump NLRB Overturns Obama NLRB Precedent for First Time

December 12, 2017 | National Labor Relations Board, Labor Relations

Employers Face the Music: NLRB Judge Rules Musicians May Protest Outside Auditorium

December 11, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations

General Counsel Memo Signals Brighter Days for Employers

December 4, 2017 | National Labor Relations Board, Labor Relations

Time Crunch: NLRB Report Confirms Union Elections Remain ‘Quick’ Under New Rules

November 21, 2017 | National Labor Relations Board, Labor Relations

DOL Head Slams NLRB’s Vague Test for Joint Employment

November 21, 2017 | National Labor Relations Board, Labor Relations

NLRB Protected Concerted Activity or Harassment – Will Employers Finally Get Clarity?

November 14, 2017 | National Labor Relations Board, Labor Relations

Game Changer? New NLRB General Counsel Confirmed By Senate

November 9, 2017 | National Labor Relations Board, Labor Relations

Action! House Passes Legislation to Stave Off Broadening Definition of Joint Employment

November 8, 2017 | National Labor Relations Board, Labor Relations

Union Improperly Used Strikes and Grievances to Obtain Disputed Work, Says Appeals Court

November 2, 2017 | National Labor Relations Board, Labor Relations

What’s Your Preference? NLRB Adopts Federal Court’s Ruling Permitting Hospital’s Nonunion Hiring Preference Policy

October 18, 2017 | National Labor Relations Board, Labor Relations

Go Figure – Production and Maintenance Employees Belong in the Same Bargaining Unit

October 13, 2017 | National Labor Relations Board, Labor Relations

Will Congress Act to Stave Off the Broadening Definition of Joint Employment?

October 6, 2017 | National Labor Relations Board, Labor Relations

NLRB Dodges Massive Budget Cuts, But Some Predict Changes Still on the Horizon

October 4, 2017 | National Labor Relations Board, Labor Relations

D.R. Horton Reaches New Heights – U.S. Supreme Court Hears Oral Arguments

October 2, 2017 | National Labor Relations Board, Labor Relations

High Court to Resolve Whether Class Action Waivers Violate NLRA

September 27, 2017 | Federal Laws and Legislation, National Labor Relations Board, State Labor Laws, Labor Relations

NLRB’s New Member Confirmed, Fits the Bill for Employers

September 26, 2017 | National Labor Relations Board, Labor Relations

President Trump Taps New England Labor Lawyer for NLRB’s General Counsel Post

September 21, 2017 | National Labor Relations Board, Labor Relations

Second Circuit Affirms NLRB Position on Broad Confidentiality Agreements

September 5, 2017 | National Labor Relations Board, Labor Relations

Elon Musk’s Tesla Targeted By UAW And NLRB

September 1, 2017 | Union Organizing, Labor Relations

Businesses Say ‘Yes’ to Robb as Labor Board’s Top Lawyer

August 25, 2017 | National Labor Relations Board, Labor Relations

NBA Team’s Electronic Display Operators are Employees, Not Independent Contractors, Says NLRB

August 22, 2017 | National Labor Relations Board, Labor Relations

Fractured Workforce: Federal Court Approves Micro-Unit Certified by NLRB

August 16, 2017 | National Labor Relations Board, Labor Relations

A Nice Change of Pace: NLRB Upholds Employer’s Confidential Information Policy

August 15, 2017 | National Labor Relations Board, Labor Relations

Short-Lived Victory for Employers? NLRB Chairman Reportedly Stepping Down in December

August 9, 2017 | National Labor Relations Board, Labor Relations

D.C. Circuit Calls Out NLRB in Ruling on Union Access to Employer Property

August 8, 2017 | National Labor Relations Board, Labor Relations

Third Time is NOT the Charm: Nissan Smokes UAW Again in Union Vote

August 7, 2017 | Union Organizing, Labor Relations

“And the Fourth Seat Goes To….” Senate Confirms Nomination of Kaplan to NLRB, Delays Vote on Nomination of Emanuel

August 3, 2017 | National Labor Relations Board, Labor Relations

‘Absurd Results’: NLRB Takes 'Facebook Discipline Cases' to New Heights (Or New Lows, Depending on Your Point of View)

July 31, 2017 | National Labor Relations Board, Labor Relations

WARNING: No Solicitation

July 28, 2017 | Union Organizing, Labor Relations

Woo-hoo! Federal Court Overrules NLRB, Says Companies Can Require Employees to Promote Positivity

July 26, 2017 | National Labor Relations Board, Labor Relations

Closing Time: NLRB Considers Shuttering Even More Offices

July 24, 2017 | National Labor Relations Board, Labor Relations

NLRB Inches Closer to Having Full Panel

July 21, 2017 | National Labor Relations Board, Labor Relations

NLRB Rolls Snake Eyes Before D.C. Circuit

July 19, 2017 | National Labor Relations Board, Labor Relations

NLRB’s Controversial Joint-Employer Standard in House Appropriations Committee’s Crosshairs

July 18, 2017 | National Labor Relations Board, Labor Relations

Playing Hardball – NLRB Holds High School Lacrosse Referees Are Employees, Not Independent Contractors

July 12, 2017 | National Labor Relations Board, Labor Relations

If At First You Don’t Succeed, Try, Try, Try Again: UAW Files Petition for Union Vote at Nissan

July 11, 2017 | Union Organizing, Labor Relations

Eighth Circuit Sides With Jimmy John’s and Finds Employee Actions Were Not Protected Activity

July 7, 2017 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of June 12 - 16

June 30, 2017 | National Labor Relations Board, Labor Relations

Swan Song? NLRB Contemplates Shuttering San Diego Office

June 29, 2017 | National Labor Relations Board, Labor Relations

Balance of Power May Be Shifting at the NLRB

June 28, 2017 | National Labor Relations Board, Labor Relations

Obamacare Repeal: Will You Have to Bargain With Your Union Over Changes?

June 28, 2017 | National Labor Relations Board, Labor Relations

Negotiating Tips: The Art of the Ratification Bonus

June 23, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations

Take a Screen Shot of This: Supervisor Unlawfully Interrogated Employee Through Text, NLRB Says

June 23, 2017 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of June 5 - 9

June 22, 2017 | National Labor Relations Board, Labor Relations

Untangling the Web? Senator Introduces Bill to Reverse Obama-Era Ambush Union Election Rules

June 21, 2017 | National Labor Relations Board, Labor Relations

SCOTUS Declines to Weigh in on Micro-Units, But There Still is Hope

June 20, 2017 | National Labor Relations Board, Labor Relations

Fahrenheit 180: DOJ Reverses Course, Abandons NLRB at Supreme Court in Class Action Fight

June 19, 2017 | National Labor Relations Board, Labor Relations

UBER Arbitration Pact Tossed

June 15, 2017 | National Labor Relations Board, Labor Relations

‘Let’s Get Ready To Rumble!’ Class Action Waiver Battle Kicks Off At Supreme Court

June 15, 2017 | National Labor Relations Board, Labor Relations

The Search Is On: Federal Court Upholds NLRB’s Imposition of Job-Search Costs on Employer

June 12, 2017 | National Labor Relations Board, Labor Relations

Can I Get Your Digits? NLRB Ruling Expands Quickie Election Rules To Cover Supervisors’ Possession Of Employee Phone Numbers

June 9, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations

Summary of NLRB Decisions for Week of May 22-29

June 8, 2017 | National Labor Relations Board, Labor Relations

Whose Law is it Anyway? NLRB Region’s Complaint Seeking to Have Contractors Converted to Employees Throws Agency into the Misclassification Fray with the IRS and DOL

June 7, 2017 | Department of Labor, National Labor Relations Board, Labor Relations

Congressional Leaders Ask Trump to Fill Long-Standing Vacancies at the NLRB

June 7, 2017 | National Labor Relations Board, Labor Relations

‘Smile, You’re On Candid Camera’ – Federal Court Upholds NLRB Ruling That Prohibits Non-Union Employers From Banning Recordings in the Workplace

June 5, 2017 | National Labor Relations Board, Labor Relations

A Growing Divide: Sixth Circuit Decision To Invalidate Class/Collective Action Waiver Widens Appellate Court Split

May 31, 2017 | National Labor Relations Board, Labor Relations

Senator Introduces Bill To Amend NLRA And Reverse Micro-Unit Trend

May 26, 2017 | National Labor Relations Board, Labor Relations

Getting Away With Murder? NLRB Tells Federal Court Union Election Observer’s Use Of Fake Firearm Did NOT Invalidate Union Election Results

May 25, 2017 | Unions and Union Membership, Labor Relations

End In Sight For The Micro-Unit Nightmare Spawned By NLRB’s Specialty Healthcare Decision? Maybe…

May 22, 2017 | National Labor Relations Board, Labor Relations

First-Year Report Card on Graduate Student Assistants Unionization

May 19, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations

Summary of NLRB Decisions for Week of May 1-5

May 17, 2017 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of April 24-28

May 4, 2017 | National Labor Relations Board, Labor Relations

NLRB Appointments in the Works?

May 1, 2017 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of April 10-14

April 27, 2017 | National Labor Relations Board, Labor Relations

Trump Appoints Miscimarra as Chairman of NLRB

April 26, 2017 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of April 3 - 7

April 18, 2017 | National Labor Relations Board, Labor Relations

NLRB Invalidates Another Employer Arbitration Agreement – But NOT Under D.R. Horton

April 17, 2017 | National Labor Relations Board, Labor Relations

Purple Communications NLRB Decision Teed Up for Appeal?

April 13, 2017 | National Labor Relations Board, Labor Relations

A Dancer With an Attitude? Fired Vegas Show Dancer Pursues Workers’ Rights

April 7, 2017 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of March 13 - 17

March 27, 2017 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of March 6 - 10

March 22, 2017 | National Labor Relations Board, Labor Relations

No Vacancy: U.S. Supreme Court Invalidates Most of Former Acting NLRB GC’s Tenure

March 21, 2017 | National Labor Relations Board, Labor Relations

Beware of the Employee Walk Out: Non-Union Employees Terminated for Walking Off Job; NLRB Judge Reinstates with Backpay

March 10, 2017 | National Labor Relations Board, Labor Relations

Browning-Ferris Joint Employer Test Argued Before D.C. Circuit

March 10, 2017 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of Feb. 13 - 17

March 2, 2017 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of Feb. 6 - 10

February 24, 2017 | National Labor Relations Board, Labor Relations

'Show Your Face' – IBEW Restrictions On Union Resignation and Dues Checkoff In Right-to-Work States Found Unlawful

February 15, 2017 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of Jan. 23-27

February 10, 2017 | National Labor Relations Board, Labor Relations

Major Changes on the Horizon for the NLRB? Trump Names Philip Miscimarra Acting Chair of Agency

January 27, 2017 | National Labor Relations Board, Labor Relations

Court Of Appeals Reverses NLRB, Finds Hospital’s Nonunion Hiring Preference Policy Is Lawful

January 24, 2017 | National Labor Relations Board, Labor Relations

Obama NLRB Deep Sixes Employer Defense on Procedural Grounds

January 20, 2017 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of Jan. 3-6

January 12, 2017 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of Dec. 27-30

January 9, 2017 | National Labor Relations Board, Labor Relations

Weekly Summary of NLRB Decisions for Week of Dec. 19-23

December 30, 2016 | National Labor Relations Board, Labor Relations

Past Isn’t Prologue: Study Finds NLRB Nullified 4,500+ Years of Precedent Over Last Eight Years

December 27, 2016 | National Labor Relations Board, Labor Relations

Weekly Summary of NLRB Decisions for Week of Dec. 12-16

December 19, 2016 | National Labor Relations Board, Labor Relations

Weekly Summary of NLRB Decisions for Week of Nov. 28-Dec. 2

December 15, 2016 | National Labor Relations Board, Labor Relations

Weekly Summary of NLRB Decisions for Week of Nov. 21-25

December 2, 2016 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of Nov. 14 - 18

November 28, 2016 | National Labor Relations Board, Labor Relations

NLRB Affirms Decision Finding Charter Schools Subject to NLRA

November 23, 2016 | National Labor Relations Board, Labor Relations

A Chink in Specialty Healthcare’s Micro Unit Armor?

November 22, 2016 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of Nov. 7-10

November 18, 2016 | National Labor Relations Board, Labor Relations

The Trump Presidency and the NLRB: Change May Come Slowly

November 15, 2016 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of Oct. 31 - Nov. 4

November 14, 2016 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of Oct. 24-28

November 4, 2016 | National Labor Relations Board, Labor Relations

Fourth Circuit Finds Nurses Are Not Supervisors - Could Unionize

November 3, 2016 | National Labor Relations Board, Labor Relations

U.S. Chamber of Commerce Report Confirms NLRB’s Infamous Specialty Healthcare Decision Has Given Rise to More Micro-Units

November 1, 2016 | National Labor Relations Board, Labor Relations

NLRB Member Kent Y. Hirozawa’s Term Expires – But He Left His Mark On U.S. Labor Law

September 7, 2016 | National Labor Relations Board, Labor Relations

NLRB Enhances Backpay Compensation for Terminated Workers

August 25, 2016 | National Labor Relations Board, Labor Relations

Down Goes Brown – NLRB Finds Graduate Assistants May Unionize

August 23, 2016 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of Aug. 1 - 5

August 22, 2016 | National Labor Relations Board, Labor Relations

Employers’ Role In Decertification Efforts Continue To Receive Intense Scrutiny

August 8, 2016 | National Labor Relations Board, Union Organizing, Labor Relations

Buyer Beware – NLRB Decision Creates New Risks for Purchasers of Union Operations

August 3, 2016 | National Labor Relations Board, Labor Relations

NLRB Ruling: Temps Can be Part of Bargaining Units

July 11, 2016 | National Labor Relations Board, Labor Relations

NLRB Hits Ceiling in Continual Push to Expand Scope of Protected Concerted Activity

July 6, 2016 | National Labor Relations Board, Labor Relations

Supreme Court to Decide if Presidential Appointees Can Fake It Until They Make It

June 21, 2016 | National Labor Relations Board, Labor Relations

NLRB’s “Ambush Election Rules” Get Stamp of Approval from Fifth Circuit

June 15, 2016 | National Labor Relations Board, Labor Relations

Fifth Circuit Agrees NLRB Micro-Unit Test Here to Stay

June 9, 2016 | National Labor Relations Board, Labor Relations

Can Lawful Employer Policies Put Companies at Risk? NLRB Says Yes

June 8, 2016 | National Labor Relations Board, Labor Relations

Are Permanent Replacements Permanent Anymore?

June 3, 2016 | National Labor Relations Board, Unions and Union Membership, Labor Relations

NLRB Defends Attempt to Encroach on Tribal Sovereignty

May 27, 2016 | National Labor Relations Board, Labor Relations

The Latest in the NLRB Handbook Saga? Another Unlawful Recording Policy Fails to Pass Muster

May 13, 2016 | National Labor Relations Board, Labor Relations

NLRB Disregards Corporate Entity and Holds Individual Owners Liable for CBA Violations

May 7, 2016 | National Labor Relations Board, Labor Relations

Don’t Gamble With Your Email Policy

May 6, 2016 | National Labor Relations Board, Labor Relations

You Can’t Make Me Be Positive!

May 3, 2016 | National Labor Relations Board, Labor Relations

Ties Go to the Runner and the NLRB

April 21, 2016 | National Labor Relations Board, Labor Relations

NLRB Continues To Cite Its Infamous Specialty Healthcare Decision When Affirming Funky Bargaining Units

April 4, 2016 | National Labor Relations Board, Labor Relations

Obama Supreme Court Nominee and the NLRB

March 24, 2016 | Labor Relations

Summary of NLRB Decisions for Week of Feb. 22-26, 2016

March 22, 2016 | National Labor Relations Board, Labor Relations

Summary Data Released by NLRB Confirms Its “Ambush Election Rules” Truncate Time Between Petition, Election

March 21, 2016 | National Labor Relations Board, Labor Relations

Burrito Bowls, Guacamole, &. . .Tweets? NLRB Judge Finds Social Media Policy Unlawful

March 18, 2016 | National Labor Relations Board, Labor Relations

Right-to-Work – Union Shenanigans and Another State (Colorado) In Play

March 17, 2016 | Unions and Union Membership, Labor Relations

NLRB Activism Has A Cost: Budget Shortfalls and NLRB’s “Belt Tightening”

March 16, 2016 | National Labor Relations Board, Labor Relations

Summary of NLRB Decisions for Week of Feb. 1 - 5, 2016

March 1, 2016 | National Labor Relations Board, Labor Relations

NLRB Commits Unfair Labor Practice With Its Own Union

February 26, 2016 | National Labor Relations Board, Labor Relations

NLRB Exploring Possible Expansion To Its ‘Make-Whole Remedies’ In Discharge Cases

February 23, 2016 | National Labor Relations Board, Labor Relations

Court Holds Company Can Reject Terms, Conditions of Expired CBA

February 15, 2016 | National Labor Relations Board, Labor Relations

11th Circuit Overturns NLRB: Finds Atlanta-area Stagehands are Independent Contractors

February 4, 2016 | National Labor Relations Board, Labor Relations

NLRB’s New Joint-Employer Standard To Be Put To The Test In Federal Court

January 26, 2016 | National Labor Relations Board, Labor Relations

Law Professors Petition for New NLRB Rule: Union “Captive Audience” Meetings

January 21, 2016 | National Labor Relations Board, Labor Relations

Browning-Ferris “All In” On Joint Employer Battle With NLRB

January 15, 2016 | Unions and Union Membership, Labor Relations

Another One Bites the Dust: NLRB Invalidates Another Widely-Used Personnel Policy

January 5, 2016 | National Labor Relations Board, Labor Relations

It Looks Like the Supreme Court will Disapprove of the NLRB’s Continued Attack On Class Action Waivers…But When Will We Know For Sure?

December 28, 2015 | National Labor Relations Board, Labor Relations

BT Labor Relations National Labor Relations Board Decisions 2015 Year-in-Review

December 22, 2015 | National Labor Relations Board, Labor Relations

Let The Chips Fall: When Is an Impasse An Impasse?

December 14, 2015 | National Labor Relations Board, Labor Relations

UAW Accused of Failing to Honor Michigan Right to Work Law

December 2, 2015 | National Labor Relations Board, Labor Relations

Micro-Unit Organizing & New NLRB Election Rules Mean Manufacturing Employers Must Be Vigilant

November 30, 2015 | National Labor Relations Board, Labor Relations

Confidentiality Guaranteed? The D.C. Circuit Calls Into Question NLRB’s Banner Health Decision

November 25, 2015 | National Labor Relations Board, Labor Relations

NLRB Steps Up Enforcement Against Class Action Waivers

November 24, 2015 | National Labor Relations Board, Labor Relations

What Is It Really Like To Deal With The NLRB’s New Quickie Election Rules (Part 1)

November 13, 2015 | National Labor Relations Board, Labor Relations

Target Faces First Ever Union

November 6, 2015 | National Labor Relations Board, Labor Relations

IBEW Rule Requiring Photo ID to Resign Upheld by NLRB Judge

November 4, 2015 | National Labor Relations Board, Labor Relations

NLRB Issues Updated Bench Book for ALJs

November 4, 2015 | National Labor Relations Board, Labor Relations

Employer Off-Duty Access Rule Roadmap (Kinda): NLRB Approves Off-Duty Access Rule But Finds Discrimination In Employer Application of That Rule

November 2, 2015 | National Labor Relations Board, Labor Relations

Better Late Than Never? In Election Using Mailed-In Ballots, NLRB Says Postal Service Failure Is No Excuse for Late Ballots

October 30, 2015 | National Labor Relations Board, Labor Relations

An NLRB Hobgoblin: NLRB Excelsior List Requirement Expanded Under Interpretation of Board’s New Election Procedure Rule

October 27, 2015 | National Labor Relations Board, Labor Relations

When Will the Other Shoe Drop? NLRB May Hand Down Second Blow after Browning-Ferris

September 30, 2015 | National Labor Relations Board, Labor Relations

NLRB: Not-for Profit Canvassers Are Not Independent Contractors

September 30, 2015 | National Labor Relations Board, Labor Relations

Employers Take Note: Just in Time for Labor Day NLRB Issues Multiple Decisions That Significantly Erode Many Employer Interests

September 4, 2015 | National Labor Relations Board, Labor Relations

Another Noel Canning Rubber Stamp – Obama NLRB Overturns 1962 Case and Holds that Dues Checkoff Duty Now Continues Beyond Contract Expiration

September 2, 2015 | National Labor Relations Board, Labor Relations

NLRB Election Rule Statistics Demonstrate Shorter Election Periods and Why Proactively Preparing for Union Organizing is Smart Business

September 1, 2015 | National Labor Relations Board, Labor Relations

The Hits Keep On Coming: NLRB Ruling Makes It Easier For Unions To Establish “Joint-Employers” Under The NLRA

August 31, 2015 | National Labor Relations Board, Labor Relations

NLRB: Filing an FLSA Collective Action is Protected Concerted Activity

July 31, 2015 | National Labor Relations Board, Labor Relations

Is The Supreme Court Primed to Create “Right-to-Work” for Public Employees Nationwide?

July 9, 2015 | State Labor Laws, Labor Relations

PROMISE OF CONFIDENTIALITY – NOT SO FAST

July 9, 2015 | National Labor Relations Board, Labor Relations

Can Graduate Assistants Organize? Columbia University Effort Could Result in the Reversal of the Brown Decision

June 29, 2015 | National Labor Relations Board, Labor Relations

NLRB Reaches Agreement With The Republic Of Colombia To Educate Colombian Citizens On The NLRA

June 16, 2015 | National Labor Relations Board, Labor Relations

NLRB Jurisdiction Over Indian Tribes – Uncertainty Abounds

June 12, 2015 | National Labor Relations Board, Labor Relations

The Aftermath of "Ambush" Elections - Union Petitions Increase, Median Time to Election Decreases During First Month of Controversial Rule

June 9, 2015 | National Labor Relations Board, Labor Relations

House Committee Considers “NLRB’s Assault on Right-to-Work”

June 4, 2015 | National Labor Relations Board, Labor Relations

NLRB Advice Memo Provides Additional Guidance on Joint Employer Standard

May 13, 2015 | National Labor Relations Board, Labor Relations

Analysis of NLRB Elections Prior to the New Ambush Election Rules

April 28, 2015 | National Labor Relations Board, Labor Relations

NLRB Signals It May Chip Away at Right to Work Laws

April 22, 2015 | National Labor Relations Board, Labor Relations

Unions Get Free Pass From The NLRB When It Comes To Facebook Postings?

April 21, 2015 | National Labor Relations Board, Labor Relations

They're Here -- New NLRB "Quickie" Election Rules Go Into Effect Today

April 14, 2015 | National Labor Relations Board, Labor Relations

NLRB General Counsel Issues Comprehensive Report on Handbook Rules

March 19, 2015 | National Labor Relations Board, Labor Relations

Non-Union Employers Beware: The NLRB Outlaws Employer’s Questions Regarding Supervisor's Performance

February 20, 2015 | National Labor Relations Board, Labor Relations

Ripples of Noel Canning Continue

February 20, 2015 | National Labor Relations Board, Labor Relations

NLRB: Employer letters regarding dues payment options violated NLRA

February 4, 2015 | National Labor Relations Board, Labor Relations

God in the Details - NLRB Modifies Test for Jurisdiction Over Religious Education Employers

January 22, 2015 | National Labor Relations Board, Labor Relations

DC CIRCUIT OVERTURNS NLRB ON COMPANY ONLY HAT RULE

January 20, 2015 | National Labor Relations Board, Labor Relations

NLRB Sued Over Quickie Election Rule

January 7, 2015 | National Labor Relations Board, Labor Relations

NLRB Upholds Subpoena of Employer’s Employee Handbook

January 6, 2015 | National Labor Relations Board, Labor Relations

NLRB DROPS THE OTHER SHOE – APPROVES QUICKIE ELECTION RULES

December 12, 2014 | National Labor Relations Board, Labor Relations

Senate Confirms McFerran as New NLRB Member

December 9, 2014 | National Labor Relations Board, Labor Relations

NLRB Ruling Critical of Company Distribution / Solicitation Rule

December 3, 2014 | National Labor Relations Board, Labor Relations

NLRB Advice Memo follows Alan Ritchey on Discretionary Discipline, Despite Nullification by Noel Canning

November 26, 2014 | National Labor Relations Board, Labor Relations

Amazon Settlement with NLRB a Reminder for Employers -- "Confidential" Wage Policies Violate the NLRA

November 25, 2014 | National Labor Relations Board, Labor Relations

President Swaps Out Choice for NLRB Seat

November 18, 2014 | National Labor Relations Board, Labor Relations

NLRB Continues To Invalidate Class Action Waivers In Mandatory Arbitration Programs

November 3, 2014 | National Labor Relations Board, Labor Relations

Advocacy of Insubordination on Facebook Is Concerted But Not Protected Activity

October 30, 2014 | National Labor Relations Board, Labor Relations

NLRB Chooses Form Over Function

August 20, 2014 | National Labor Relations Board, Labor Relations

1 Is NOT The Loneliest Number…At Least At The NLRB

August 13, 2014 | National Labor Relations Board, Labor Relations

NLRB applies Specialty Healthcare "micro-union" standards to retail industry with mixed results

August 6, 2014 | National Labor Relations Board, Labor Relations

NLRB Shoots Down Another Confidentiality Rule

August 5, 2014 | National Labor Relations Board, Labor Relations

NLRB Ratifies All Administrative Actions in Wake of Noel Canning Decision

August 4, 2014 | National Labor Relations Board, Labor Relations

NLRB WEEKLY SUMMARY OF DECISIONS, July 14-18

July 23, 2014 | National Labor Relations Board, Labor Relations

NLRB Decides Not to Risk Its D.R. Horton Decision

July 22, 2014 | National Labor Relations Board, Labor Relations

Labor Lawyers, Constitutional Scholars Await Noel Canning

June 23, 2014 | National Labor Relations Board, Labor Relations

NLRB Again Overturns Discharge Of Employee Who Engaged In A Profanity-Laced Argument With A Manager In Front Of Customers

June 18, 2014 | National Labor Relations Board, Labor Relations

A Rare Facebook “Like” for Employers: NLRB Overturns ALJ, Finds Lack of Evidence to Support Facebook Post as Protected Activity

February 21, 2014 | National Labor Relations Board, Labor Relations

“The More Things Change, The More They Stay The Same”: Bureau of Labor Statistics Releases Report On U.S. Unionization Rates For 2013

January 27, 2014 | Unions and Union Membership, Labor Relations

View Subscription Center

Back to All Blogs

Back to Labor Relations

The Saga Continues: NLRB’s Browning-Ferris Decision On Joint Employment Still Drawing Attention – This Time From Congress

David J. Pryzbylski

PREV

NEXT

Subscribe

Barnes & Thornburg Racial and Social Justice Foundation

News

Alerts

Alerts

Blogs

Alerts

Blogs

The Saga Continues: NLRB’s Browning-Ferris Decision On Joint Employment Still Drawing Attention – This Time From Congress

PREV

NEXT

RELATED ARTICLES