Since the emergence of the “gig economy” in the last decade, courts and government agencies have grappled with the question of whether gig workers should be classified as employees or contractors. The answer to that question has enormous consequences for
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New Jersey Employers: The Minimum Wage Will Eventually Rise to $15 per hour by 2024
On Monday, February 4, Governor Phil Murphy made good on a campaign promise and signed into law a new bill (A-15) that will raise the State’s minimum wage to $15 per hour by 2024. This hike in minimum wage, however,
NLRB: Individual Complaints Are Not Protected By Labor Law
Employee complaints must be “concerted” to enjoy the protections of federal labor law. This requirement, contained in the language of the NLRA, stems from the collective nature of rights guaranteed by the NLRA, which ensure protection for union activity or
No End In Sight: The NLRB’s Joint Employer Standard
There is another yet another development in saga of the NLRB’s joint employer standard. This issue, which has caused consternation in the business community, concerns the Board’s standards for finding that two entities are jointly responsible under federal labor law
Union Election Petition Filed By Employer Not Barred By CBA
In Silvan Industries, 367 NLRB No. 28 (2018), the Board decided that an employer, upon being presented with evidence that creates well-founded uncertainty as to a union’s majority support, may file an election petition despite previously agreeing to a collective
Breathe, Stretch, … Strike?
Can employees engage in a concerted stretching exercise during work hours? The NLRB recently said yes.
The NLRA allows employees to engage in demonstrations to support their union, including demonstrations in support of contract proposals. However, the law does
NLRB General Counsel Memo Provides Guidance On The Status Of Employer Rules
In December 2017, the NLRB issued a decision in Boeing Corp., which altered the Board’s test concerning the validity of workplace rules. To further clarify the decision and current state of the law, the NLRB’s General Counsel issued a Memo (
“Whore Board” Is Protected Employee Speech, NLRB Finds.
In a recent decision, a Board panel majority found that an employee was unlawfully fired for writing “whore board” on an overtime sign-up sheet at work. This decision highlights the expansive nature of employee activity protected by the NLRA
NLRB is likely to operate with just four members for the time being.
A fully constituted NLRB is comprised of five members. Decisions are typically issued by three-member NLRB panels. Three is also the minimum number of members the NLRB must have to issue a decision. However, the NLRB will only overrule existing