Employer Labor Relations

  By: Tiffany Tran, Esq. Seyfarth Synopsis: In another signal that the Board may overturn the Obama Board’s decision in Purple Communications allowing employees to use their employer’s email systems to communicate about wages, hours, working conditions and union issues, the Board recently published a letter reiterating its decision to reconsider Purple Communications and invited comment from the public on the standard the Board should apply in these cases. Under Purple Communications, 361 NLRB 1050…
By: Christopher W. Kelleher and John T. Ayers-Mann Seyfarth Synopsis: Though the NLRA provides robust protections for striking employees, the Board’s decision in Consolidated Communications demonstrates some of the limits of those protections. On October 2, 2018, the NLRB held that inherently dangerous acts calculated to intimidate do not fall within the broad scope of the NLRA’s protections. The National Labor Relations Board, in a recent decision, has provided further guidance on the limits of…
By: Samuel Sverdlov and Howard Wexler Seyfarth Synopsis: The E-Verify program has become a controversial topic in the political arena and throughout workplaces nationwide.  Last month, the NLRB held, amongst other things, that an employer violated the NLRA by unilaterally enrolling in the E-Verify program without first bargaining with the union. Immigration law has long been at the forefront of political discourse in the United States.  One question that employers continue to grapple with is…
By Monica Rodriguez and Jeffrey A. Berman Seyfarth Synopsis: The National Labor Relations Board recently commenced an examination of the continued validity of a number of Obama Board actions. These include joint employer status, employee use of company email systems, and the “quickie election rules.” This blog provides an overview of the Board’s recent activities. Just like Vladimir  and Estragon in Waiting for Godot, employers, unions, and employees are waiting for the National Labor Relations…
BY:  Joshua L. Ditelberg and Stuart Newman Seyfarth Synopsis: The National Labor Relations Board (NLRB or Board) announced that it will publish a Notice of Proposed Rulemaking on September 14, 2018 in the Federal Register regarding its standard for assessing whether a joint-employer relationship exists. Under the NLRB’s joint-employer doctrine, the Board analyzes whether two separate business entities (e.g., service provider and client, franchisor and franchisee) share sufficient control over key employment terms such that…
By Ashley Laken Seyfarth Synopsis: U.S. Court of Appeals for the D.C. Circuit rules that the NLRB properly found that a hospital violated the NLRA by threatening employees with discipline and arrest for peacefully picketing on hospital property. On August 10, 2018, in Capital Medical Center v. NLRB, No. 16-1369, the U.S. Court of Appeals for the D.C. Circuit agreed with the NLRB that off-duty employees at a hospital had the right under Section 7…
By:  Jason Silver Seyfarth Synopsis: A mere six weeks after the Supreme Court held that fair share or agency fees for public-sector unions are unconstitutional in Janus v. AFSCME, Pennsylvania introduces a bill that would require public-sector unions to obtain a majority vote of all employees, including non-union employees, to authorize a strike. On August 7, 2018 republican representatives in Pennsylvania introduced and referred to the committee on labor and industry House Bill No. 2586,…
By: Timothy Hoppe Seyfarth Synopsis: Labor friendly states will likely be looking for opportunities to lessen the financial blow of the Supreme Court’s decision in Janus v. AFSCME. The Ninth Circuit’s recent decision in Interpipe Contracting v. Becerra just helped give California a head start (although perhaps only a small one).  For many years, California employers subject to the state’s prevailing wage law (employers working on public works projects) could take a credit towards…
  By: Joshua M. Henderson Seyfarth Synopsis:  Just when employers thought they were safe to restrict offensive speech and restore decorum in the workplace, a recent decision by the Board serves as a stark reminder that offensive workplace speech may still find protection under the National Labor Relations Act. In Constellium Rolled Products Ravenswood, LLC, the Board decided that an employee who wrote the words “whore board” on an overtime sign-in sheet was engaged…
By: Kaitlyn F. Whiteside Seyfarth Synopsis: Seattle has long been at the forefront of progressive labor policies.  Take, for example, its 2014 Minimum Wage Ordinance, which made it the first major city in the nation to increase wages to $15 an hour.  Since then, dozens of other cities have followed suit.  The same story is true of Seattle’s Paid Sick and Safe Time Ordinance, which when passed in 2012, made Seattle only the third city…