An order, dated February 19, 2016, by the Board granted special permission to appeal and invited briefs over the issue of whether or not they will continue to permit Administrative Law Judges to issue orders granting settlement terms proposed
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Eighth Circuit Supports the NLRB’s Specialty Healthcare Decision
The Eighth Circuit became another notch in the belt of the NLRB in support of its position as set forth in Specialty Healthcare with the issuance of FedEx Freight, Inc. v. NLRB. The facts are fairly straightforward and are
Workplace Safety & Gun Rights: Navigating the Law in All 50 States
On February 3, 2016, Husch Blackwell Labor and Employment attorneys Terry Potter and Robert Rojas presented a webinar on Workplace Safety vs. Workplace Gun Rights. The webinar focused on the legal landscape of current gun legislation, how certain legislation affects
California Legislation Places Additional Burdens on Contractors
In January 2016, two new laws will go into effect in California that increase the obligations on contractors in California. The first imposes obligations typically enforced on public works projects on private construction of hospitals, and the second, strictly regulates
NLRB Successful in Obtaining Subpoena Enforcement as to Joint Employer Issue in McDonalds Franchise Dispute
Many of us have been watching the ongoing battle taking place in Region 2 of the NLRB as to the consolidated unfair labor practice proceedings that are taking place with respect to McDonalds and various McDonalds’ franchisees. The hearing that
And Around And Around We Go
In the NLRB’s never ending expansion of its jurisdiction, it has agreed to reconsider whether graduate teaching assistants at private non-profit universities are entitled to collective bargaining under the National Labor Relations Act. As anyone who has been involved in
Joint Employer Relationship . . . Not This Time
In the first reported decision since the Board’s holding in Browning-Ferris, the Regional Director for Region 5 of the NLRB found that, with respect to the particular facts in a case before that Region, the union failed to establish a
En Banc Eighth Circuit Refuses to Give Deference to Secretary’s Expansive Interpretation of OSHA Regulation
On October 13, an en banc Eighth Circuit Court of Appeals, in Perez v. Loren Cook Company, denied the Secretary of Labor’s petition for review of an order handed down by the Occupational Safety & Health Review Commission (OSHRC).
D.R. Horton Decision Controls Once Again in the Fifth Circuit
In the case of Murphy Oil USA, Inc. v NLRB, the Fifth Circuit recently reaffirmed its position allowing class waivers in arbitration agreements, contrary to the NLRB’s position in D.R. Horton. Obviously, given the fact that this same Court
No Purple Communications Exception Applied to Healthcare Providers
In an August 27, 2015 decision, a majority of the Board found that the Purple Communications standard, with respect to an employer’s email system, would apply without exception to healthcare providers and, in particular, for acute care hospitals. Contrary