John Bolesta

Firm/Organization: Sheppard, Mullin, Richter & Hampton LLP

Blogs: Construction & Infrastructure Law Blog, Healthcare Law Blog, Labor & Employment Law Blog, Real Estate, Land Use & Environmental Law Blog

Latest Articles

Labor & Employment Law Blog

The NLRB Holds That Employers May Implement Class Waivers in Response to Class Claims and Discipline Employees Who Refuse to Sign Them

By Keahn Morris, John Bolesta & James Hays on August 15, 2019

Employers wishing to implement class action waivers in response to class claims and discipline employees who refuse to sign them just got some very good news from the National Labor Relations Board (NLRB or Board) in Cordua Restaurants, Inc., 368 NLRB No. 43. By way of background, in Epic Systems Corp v. Lewis, 138 S. Ct. 1612 (2018) the SCOTUS held that agreements containing class and collective action waivers and requiring that employment…

Construction & Infrastructure Law Blog

Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective Bargaining Relationships

By Keahn Morris, John Bolesta & James Hays on August 13, 2019

In its 84-year history, the National Labor Relations Board (NLRB, Board or Agency) has promulgated a very small number of rules pursuant to the Administrative Procedures Act, relying, instead, on individualized adjudications to establish the Board’s legislative policies. However, breaking with that long tradition, the current Board now appears to be on the verge of a formal rulemaking jag for on May 22, the Board released its “Unified Agenda” of anticipated regulatory actions which, in…

Labor & Employment Law Blog

Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective Bargaining Relationships

By Keahn Morris, John Bolesta & James Hays on August 13, 2019

Labor & Employment Law Blog

The NLRB Confirms that Intermittent Strikes in Furtherance of the Same Goal are Unprotected

By Keahn Morris & John Bolesta on August 1, 2019

The National Labor Relations Act’s (NLRA or Act) Section 7 grants to all employees — regardless of whether they are unionized or not — the right to engage in protected concerted activity (PCA). Accordingly, an employer may not punish or take any adverse action against a worker because they engage in PCA. Such adverse action is an unfair labor practice in violation of Section 8(a)(1) of the NLRA. …

Labor & Employment Law Blog

The NLRB Just Made It A Little Easier For Employees To Get Rid Of Their Union

By Keahn Morris & John Bolesta on July 16, 2019

Unionized workers wishing to rid themselves of continued union representation (and their employers) just got some very good news from the National Labor Relations Board (NLRB or Board) with the issuance of Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019). The issue addressed there was how the NLRB will determine the wishes of employees concerning continued union representation where an employer has evidence that at least fifty percent of bargaining unit employees…

Labor & Employment Law Blog

Which Are They? Independent Contractors Or Employees? Navigating The Conflicts Between State And Federal Law

By Keahn Morris & John Bolesta on July 2, 2019

UberX and UberBLACK Drivers Are Not Employees for Purposes of the NLRA According to the NLRB General Counsel’s Division of Advice (GC), Uber’s UberX and UberBLACK drivers are independent contractors exempt from the rights and protections of the National Labor Relations Act (NLRA), including the right to form and join unions. Advice Memo, dated April 16 2019, Uber Technologies, Inc., Case Nos. 13-CA-163062, 14-CA-158833 and 29-CA-177483. Applying the National Labor Relations Board’s (Board or…

Labor & Employment Law Blog

NLRB Limits Duty to Bargain Over Disciplinary Actions

By Keahn Morris & John Bolesta on June 28, 2019

A unionized employer must bargain with its employees’ union before making any unilateral changes in employees’ wages, hours, working conditions or other terms and conditions of employment. Such changes are commonly referred to as mandatory bargaining subjects. In Alan Ritchey, 359 NLRB 396 (2012) and later in Total Security Management, 364 NLRB No. 106 (2016), the Obama NLRB held that the discretionary discharge or suspension of a union employee was a mandatory bargaining…

Healthcare Law Blog

NLRB Limits Union Access Rights to “Public Spaces” of Employers

By Keahn Morris & John Bolesta on June 18, 2019

On June 14, 2019, the National Labor Relations Board (NLRB or Board) issued an important decision clarifying whether and when an employer may lawfully exclude union organizers from its privately owned public spaces. Under then extant Board caselaw, where an employer had invited the public to enter or use space on its private property, the employer could not lawfully exclude union organizers from entering and using that same “public space” because that exclusion was considered to…

Labor & Employment Law Blog

NLRB Limits Union Access Rights to “Public Spaces” of Employers

By Keahn Morris & John Bolesta on June 17, 2019

Labor & Employment Law Blog

It’s OK to Be Different- NLRB Rules That Union Represented Employees Are Not Entitled to Midterm Bargaining Over Same Paid Holiday Granted to Non-Represented Employees

By John Bolesta & Keahn Morris on June 6, 2019

Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees who are covered by a collective bargaining agreement? In a recent decision, Merck, Sharp & Dohme Corp, 367 NLRB No. 122, issued on May 7, 2019, the National Labor Relations Board (NLRB) said No. This is an important decision because it clearly delineates the difference between mere disparate…

John Bolesta

The NLRB Holds That Employers May Implement Class Waivers in Response to Class Claims and Discipline Employees Who Refuse to Sign Them

Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective Bargaining Relationships

Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective Bargaining Relationships

The NLRB Confirms that Intermittent Strikes in Furtherance of the Same Goal are Unprotected

The NLRB Just Made It A Little Easier For Employees To Get Rid Of Their Union

Which Are They? Independent Contractors Or Employees? Navigating The Conflicts Between State And Federal Law

NLRB Limits Duty to Bargain Over Disciplinary Actions

NLRB Limits Union Access Rights to “Public Spaces” of Employers

NLRB Limits Union Access Rights to “Public Spaces” of Employers

It’s OK to Be Different- NLRB Rules That Union Represented Employees Are Not Entitled to Midterm Bargaining Over Same Paid Holiday Granted to Non-Represented Employees

Company

Support

New to the Network