A lot of times, determining whether a worker is an independent contractor or an employee is tough.  Different laws have different standards, and government agencies and the courts often apply different tests in addressing this question.  Under any test, the analysis is highly fact intensive, and the consequences of misclassification can be steep. Luckily, the National Labor Relations Board recently made clear that the misclassification of a worker as an independent contractor, when the worker…

On August 9, 2019, the National Labor Relations Board announced a Notice of Proposed Rulemaking.  The Notice, which was issued on August 12, 2019, covers three proposed rules.  A majority of the Board is proposing to change the Blocking Charge Policy, the Voluntary Recognition Bar and rules governing union recognition in the construction industry. The proposed change to the Blocking Charge Policy would modify the Board’s long-standing rule that requires a union representation election (or…

Have you ever felt that reading the decisions of the National Labor Relations Board is a lot like watching a tennis match?  The decisions on key workplace issues go back and forth, back and forth, and you are just stuck watching.  The good news, at least, is that lately, employers have been holding serve.  Recently, the National Labor Relations Board served up another decision that provides some clarity and helpful guidance for employers. In Alstate…

As stewards of taxpayer dollars, there are many details that public sector employers must consider when negotiating collective bargaining agreements with their unionized employees.  What are the phases of the collective bargaining process?  Should outside counsel be engaged for some or all of these phases?  How many bargaining sessions will be conducted?  What happens after a tentative agreement has been reached between the employer and the union? The video below addresses these questions, and more. …

The Third Circuit Court of Appeals, the appeals court that has jurisdiction over federal cases in Pennsylvania, New Jersey, Delaware and the U. S. Virgin Islands, recently held that a public employer violates the First Amendment of the United State Constitution when it retaliates against an employee based on the employee’s union membership.  In reaching its conclusion, the Court distinguished between First Amendment “free speech” claims and First Amendment “association” claims. Palardy v. Township of…