Latest Articles

The opioid epidemic is causing employers to consider the best ways to ensure a safe workplace, but companies should be careful when addressing employees’ prescription drug use.  Recent court filings and settlements by the Equal Employment Opportunity Commission illustrate the potential pitfalls employers face when attempting to implement a drug-free workplace.
Many in the labor community are familiar with the Machinists Union’s long running effort to unionize Boeing’s South Carolina-based 787 Dreamliner manufacturing facility.  After failing in two previous attempts to organize the entire facility, the Union recently won a bid to organize a “micro-unit” limited to a group of flight line technicians and inspectors. 
As we reported last December, the NLRB, in The Boeing Company, 365 NLRB No. 154 (2017), reversed its workplace rule standard under Lutheran Heritage. On June 6, 2018, NLRB General Counsel Peter Robb issued a guidance memorandum which sheds additional light on the Board’s new balancing test and three-category approach.
Recently the National Labor Relations Board invited interested parties and amici to submit briefs in Velox Express, Inc. to address under what circumstances, if any, the Board should deem an employer’s misclassifying statutory employees as independent contractors constitutes a violation of Section 8(a)(1) of the National Labor Relations Act.  Briefs from parties and interested amici must be submitted on or before April 16, 2018.
We previously informed you of the NLRB’s decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co. in which the Board  overruled the controversial joint employer test which it had announced in Browning-Ferris Industries. On February 26, 2018, the Board entered an order vacating the Hy-Brand decision.  It did so in light of a determination by the Board’s Designated Agency Ethics Official, that Board Member William Emanuel “is, and should have been, disqualified from participating in the [Hy-Brand] proceeding.”