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Category Archives: NLRB

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Department of Labor Refuses to Let the Clock Run Out on the Persuader Rule…How about Overtime?

Posted in Labor Relations, NLRB
On January 12, 2017, the Department of Labor filed a notice of appeal of District Judge Sam R. Cummings’ November order that blocked the Department of Labor’s controversial “persuader rule.” The rule, discussed by HRLegalist when it was announced in March 2016, required employers to disclose their agreements with outside consultants hired to discourage employees… Continue Reading

NLRB SETS ASIDE UNION ELECTION ON TECHNICAL VIOLATION OF QUICKIE ELECTION RULE

Posted in NLRB
As our readers may recall, last year HRLegalist previously reported how the National Labor Relation Board’s (“Board”) quickie election rules would impact an employer’s ability to counter a union’s organizing efforts by expediting the election process and effectively limit the employer’s ability to raise pre-election challenges to protect the rights of their employees.  We also… Continue Reading

Predicting the Unpredictable — Labor and Employment Law Under President-Elect Trump

Posted in Equal Employment Opportunity Commission, Government, NLRB
It’s been almost two weeks since Donald Trump was elected president, and information has been starting to emerge about his potential administration and policies. This week, HR Legalist examines some of the potential developments that employers can expect in the areas of labor and employment law during the Trump administration.  Of course, our readers should… Continue Reading

Fast Food Franchisor may be on the Fast Track to a Decision Concerning Joint Employer Status

Posted in NLRB
The National Labor Relations Board (“NLRB’) recently issued several precedent-breaking decisions that have the potential to expose franchisors to joint employer liability across the county. On October 12, 2016, a new development arose in the appeal of one such NLRB matter between franchisor McDonald’s USA, LLC (“McDonald’s”), its franchisees, and a number of employees, over… Continue Reading

Win, Lose or Draw? How will the 2016 Election Impact Your Business

Posted in Fair Labor Standards Act, Immigration, NLRB, Uncategorized, Wage & Hour
On Wednesday, October 26, 2016, Obermayer Rebmann Maxwell & Hippel’s Labor Relations and Employment Department will host a discussion on the upcoming presidential race and what employers can expect from a Democratic or Republican victory.  The stakes are high this year as labor relations, overtime rules, the FLSA, immigration and other areas could all see major… Continue Reading

NLRB Loses Its Lunch Over Chipotle’s Social Media Policy

Posted in NLRB, Workplace Policies
On August 18, 2016, the National Labor Relations Board (NLRB) affirmed an administrative law judge’s (ALJ) March 14, 2016 ruling that Chipotle’s “Social Media Code of Conduct” violated the National Labor Relations Act (NLRA). By way of background, Chipotle terminated associate James Kennedy in February of 2015 shortly after he made several tweets regarding employee… Continue Reading

NLRB’s General Counsel Makes Dramatic Move to Protect Unions from Being Ousted, Even by Employees

Posted in Labor Relations, NLRB
By Memorandum GC 16-03, issued on May 9, 2016, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Richard Griffin, instructed the NLRB’s Regional Directors to issue a complaint in any unfair labor practice charge case where an employer has withdrawn recognition from a union and the withdrawal is based on anything other… Continue Reading

New Jersey Supreme Court’s New Year’s Docket to Include a Matter that Could Affect Whistleblower Claims

Posted in Labor Relations, New Jersey Law, NLRB
On January 5, 2016, the New Jersey Supreme Court is scheduled to hear oral argument in a matter suggesting that section 301(a) of the Labor Management Relations Act of 1947 (“LMRA”) (which creates a federal cause of action for the breach of a private sector collective bargaining agreement) and the National Labor Relations Act (“NLRA”)… Continue Reading

Student-Athletes Strike Back: Will the University of Missouri’s Football Team Strike Reinvigorate the Labor Movement in College Sports?

Posted in Labor Relations, NLRB
On Saturday, November 7, 2015, several African American members of The University of Missouri’s varsity football team announced their intention to go on strike—refusing to attend practices, play in scheduled games or participate in football-related activities until the school’s President, Tim Wolfe, resigned or was removed from office. The strike was prompted by several controversial… Continue Reading

OFFSIDES: NLRB Punts on Whether College Football Players Can Unionize

Posted in NLRB
Last year, in what was lauded as a potentially game changing decision (pun intended), Peter Sung Ohr, the Regional Director of Region 13 of the National Labor Relations Board (NLRB or Board) ruled that the grant-in-aid scholarship football players at Northwestern University were “employees” of the university within the meaning of Section 2(3) of the… Continue Reading

NLRB Rules that Racism is a Protected Activity

Posted in Discrimination, NLRB
Although no one reading this article would disagree with the premise that employers cannot and should not tolerate bigotry from anyone in their workforce, the NLRB apparently thinks otherwise.  In a troubling decision handed down earlier this month, National Labor Relations Board (“NLRB”) Administrative Law Judge Thomas M. Randazzo ruled that Cooper Tire & Rubber… Continue Reading

The NLRB “Steals” Christmas with New “Ambush” Election Rules

Posted in Ambush Elections, Labor Relations, NLRB
Feeling the holiday spirit, the National Labor Relations Board (NLRB) (i.e., management’s “Grinch”) has stolen any chance for employers to enjoy the holidays, while bestowing another significant Christmas gift on Big Labor—new union representation election rules (or as many are calling them, the Ambush Election Rules). Adding another tool to Big Labor’s organizing arsenal, the NLRB’s… Continue Reading