By Kelline R. Linton, Associate. Last Thursday, the National Labor Relations Board (“NLRB”) overturned decades of precedent by establishing a new standard to determine whether two companies are a single “joint employer” for a group of workers. (Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NRLB […]
NLRB
By Linda H. Evans, Senior Associate. Keeping an eye on the NLRB As August winds down, some NLRB watchers are expecting to see a flurry of activity from the Board. Possible announcements could include one dealing with an expanded view of what constitutes joint employers and another one […]
By Kelline R. Linton, Associate. Both the NLRB and OSHA recently published guidelines for employer policies that tackle two hot topics in the workplace. Social Media Policy Since 2011, the National Labor Relations Board (“NLRB”) has focused on the propriety of employer policies that address employees’ use […]
By Linda H. Evans, Senior Associate. This past week, the National Labor Relations Board (“NLRB”) adopted new rules for union representation cases, significantly reducing the period between the filing of a petition and a union election. The final rules will become effective April 14, 2015. The basic changes […]
By Linda H. Evans, Senior Associate. In a 3-2 decision today (Thursday, December 11), the NLRB ruled that if an employer grants its workers access to a work email system, employees should be able to use it to discuss workplace issues, including those related to unionization. Back in 2007, […]
By Kelline R. Linton, Associate. In recent months, the National Labor Relations Board (NLRB) has expressed an interest in redefining the standards for determining joint employer liability. The Board is attempting to change the standards to hold more employers jointly liable (or responsible) for another employer’s employees. The […]
By Linda H. Evans, Senior Associate. Over the last few weeks, the Supreme Court has issued several opinions that have a direct impact on employers. Here are three of them: Employers and Health Benefits: In the Hobby Lobby case, the Court ruled in a 5-4 decision that some […]
By Kelline R. Linton, Junior Associate. Last week, the NLRB ordered the reinstatement of an employee who was fired for cussing out his employer, ruling that the employer unlawfully discharged him because he did not lose the protection of the National Labor Relations Act (“NLRA”) during the profanity-laced outburst. […]
By Kelline R. Linton, Junior Associate. The NLRB has announced it will decide whether employers must permit employees to use workplace email for union purposes. This week, the Board issued a notice and invitation to file briefs in Purple Communications, Inc. (Bogas, Oct. 24, 2013), a case in […]
By Kelline R. Linton, Junior Associate. In a recent decision, the National Labor Relations Board (“NLRB”) ruled that a “no gossip” work policy violated federal labor law (Hill and Dales General Hospital, 360 NLRB No. 70 (April 1, 2014)). Specifically, the policy provided: • Employees would not make […]