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The National Labor Relations Board has once again clarified whether certain types of employee handbook policies will violate federal labor law. Employers should take note of these two new guidance memoranda, as they can help employers maximize the protection they afford to their confidential information, brands, equipment, and other important matters.…
On January 25, 2019, the National Labor Relations Board returned in yet another area to a standard that existed before the “Obama Board.” In SuperShuttle DFW, Inc., the Board vacated the test it had adopted five years ago to determine whether a worker is an independent contractor or an employee for the purposes of the National Labor Relations Act and, thus, whether the worker receives the rights and protections the Act provides employees. By…
The National Labor Relations Board recently issued more good news for unionized employers. In a guidance memorandum last week, the Board’s General Counsel announced an updated approach that will help employers avoid litigating unfair labor practice charges filed by unions or union-represented employees who have filed grievances regarding the same underlying dispute.…
Earlier this week, the National Labor Relations Board’s top prosecutor clarified how he views several key issues that arise when unions request information from employers. Board General Counsel Peter Robb confirmed that his office will not require employers to automatically inform unions about the amounts the employers have saved due to the recent federal tax cut. The General Counsel also indicated, once again, that he views the duty to furnish information in a more evenhanded…
The National Labor Relations Board has recently signaled another key change for unionized employers. The Board may be on the verge of significantly expanding employers’ key defense to alleged failure-to-bargain unfair labor practice charges. Historically, the Board has made it particularly difficult for a unionized employer to adjust or update its operations in a way that affects employees. At default, when a union represents a group of employees, their employer must bargain with that union…
When a public relations issue strikes, it can be difficult to find time to implement new procedures or educate employees on new legal concepts. This is particularly true where social media can trigger a public relations crisis almost instantaneously. Accordingly, an organization should develop a public relations response plan before it needs one.…
As most union and non-union employers know, the National Labor Relations Board has updated its standards in several respects over the past year. For some of these updates, the Board has not comprehensively clarified how far they extend or when they apply. In an effort to help clarify employers’ obligations, the Board’s top prosecutor, General Counsel Peter Robb, recently issued several “advice memoranda” explaining how his office views certain developing issues. Although these memos are…
Over the last week, the National Labor Relations Board has sent signals that it will significantly change how it addresses certain employer property rights and processes unfair labor practice charges. Although these developments concern relatively nuanced issues, they likely will affect both union and non-union employers in important ways.…
The “joint employer” doctrine affects healthcare as much as nearly any industry. Healthcare entities frequently rely on outside labor to meet their objectives, such as by contracting with specialty medical providers, hiring temporary administrative staff to fill short-term vacancies, using outside vendors for routine custodial work and maintenance, or through myriad other relationships. In this situation, however, an entity faces a difficult balance between (a) controlling outside workers enough to protect its reputation and good…
Earlier this decade, hardly a week passed without some court or agency interpreting the joint employment doctrine more expansively than before. Although the National Labor Relations Board created many of these headlines by attempting to treat McDonald’s as the joint employer of its franchisees’ employees and expanding its joint employment test, many courts and other agencies reached similar interpretations. These broad decisions raised particular concerns for franchisors and other businesses who rely on outside workers…