The Dizzying World of Worker Classification Just Got Slightly Less Harrowing

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

No issue is less understood and more consequential for employers than the proper classification of workers as employees or independent contractors. Even under traditional legal regimes, the multi-factor tests used by the IRS and the NLRB differ from one another while purporting to apply the same standard. Plus, various other agencies have created new “ABC” tests and more encompassing standards to determine who is an employee – all reaching to extend these agencies’ protections of the laws they are charged with enforcing.

While the NLRB has done nothing to clarify how one should classify any particular worker, it has just pushed back against an attempt to increase the consequences. The NLRB’s last pronouncement in that regard was addressed in SuperShuttle DFW, Inc. in January 2019.

A misclassification of workers as independent contractors rather than employees can lead to violations of the NLRA as well as other laws. This week, in Velox Express, the NLRB was asked to find that the misclassification was itself an independent violation of the NLRA.

By a 3-1 vote, the NLRB rejected the contention that mere misclassification violates the NLRA. The decision stated, “it is a bridge too far for us to conclude that an employer coerces its workers in violation of [the Act] whenever it informs them of its position that they are independent contractors if the Board ultimately determines that the employer is mistaken.”

In its decision, the majority noted the difficulty in making these classifications:

“Independent-contractor determinations are difficult and complicated enough when only considering the Act, but the Act is not the only relevant law. An employer must consider numerous Federal, State, and local laws and regulations that apply a number of different standards for determining independent-contractor status. Unsurprisingly, employers struggle to navigate this legal maze. Further, in classifying its workers as independent contractors, an employer may be correct under certain other laws but wrong under the Act—which is all the more reason why it would be unfair to hold that merely communicating that classification is unlawful.”

Because of the various, complicated and at times conflicting standards, it is always wise to consult with competent counsel before deciding upon a proper classification. Notwithstanding those difficulties, it may be some relief for employers to know that making a classification mistake in and of itself will not carry with it the additional burden of violating the NLRA.

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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

Another Overreach? NLRB Finds Company Violated the NLRA by Retaliating Against Former Employee for Filing FLSA (Not NLRA) Class Action

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

Summary of NLRB Decisions for Week of May 1-5

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

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

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

Will Seattle Uber Drivers Really Be Able to Unionize? Uber Takes Legal Action to Halt City Rules

January 23, 2017 | State Labor Laws, Labor Relations

Obama NLRB Deep Sixes Employer Defense on Procedural Grounds

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

U.S. Supreme Court to Decide D.R. Horton Arbitration Waiver Issue

January 13, 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: Is Misclassification of Independent Contractors an Unfair Labor Practice?

August 31, 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

Federal Court Strikes Down Part of Georgia’s Right to Work Law

July 13, 2016 | Unions and Union Membership, 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

Arbitration Agreement “Take Two”: Fifth Circuit Refuses to Revisit D.R. Horton in Murphy Oil Case

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

Another NLRB Flip-Flop in the Works: Unions Seek to Organize College and University Graduate Assistants

October 28, 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

WTF? NLRB’s OK with “Cut the Crap?"

June 4, 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

NO PIN POLICY VIOLATES NLRA

May 7, 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 Scrutiny Of Employer Handbook Policies Continues With ALJ Ruling Against T-Mobile

March 24, 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

A New Frontier for Right-to-Work Laws?

January 26, 2015 | Unions and Union Membership, 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

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