On May 21, 2018, in a 5-4 decision, the United States Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis, 584 U.S. ____ (2018), holding that mandatory employer-sponsored arbitration agreements do not offend the National Labor Relations Act (“NLRA”). Justice Gorsuch, joined by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito, delivered … Continue Reading
Michael J. Slocum authored a New Jersey Law Journal article titled “Revisiting the Great Joint Employment Debate: From ‘Browning-Ferris’ to ‘Hy-Brand’ and Beyond.” The article discusses the joint employment doctrine under the National Labor Relations Act. To read the article, click here.… Continue Reading
On Feb. 26, 2018, the National Labor Relations Board (NLRB or Board) issued an order reinstating the Browning-Ferris standard for evaluating joint employer status, once again leaving franchisors open to an increased risk of being found to be a joint employer of franchisee’s employees and potentially liable for labor law violations. The Board’s 3-0 Order … Continue Reading
The past year saw many significant developments in the area of labor and employment law at all levels of government. Simply by way of example, new legislation imposed additional obligations on employers that operate in New Jersey and New York; federal Courts of Appeals “clarified” standards applicable to workplace discrimination claims; and under the Trump … Continue Reading
Just this month, the National Labor Relations Board (NLRB or the Board) successively overturned four decisions that adversely impacted employers and were made while President Obama was in office. The earlier decisions expanded the definition of “joint employer”; scrutinized neutrally-worded work rules; required employers to notify and provide an opportunity to bargain to unions prior … Continue Reading
Employers in the gaming and hospitality arena are eagerly awaiting the results of the upcoming changes to the legal landscape that are expected to emerge from a business-oriented administration. These employers have long tried to reduce the costs and length of litigation, particularly in the context of wage and hour claims, by requiring employees to … Continue Reading
In connection with “National Day without Immigrants” held on Thursday, Feb. 16 and Friday, Feb. 17, immigrant employees as well as supporters and sympathizers may have requested time off or, in some instances, called in sick from work to attend protest-related events and activities. Supporters called on the public to refrain from working, opening businesses, … Continue Reading
In a decision likely to have significant ramifications for employers, a divided panel of the Ninth Circuit Court of Appeals ruled last week that employers cannot require employees to individually arbitrate their claims by way of “separate proceedings.” In Morris v. Ernst & Young, LLP, No. 13-16599, D.C. No. 5:12-cv-04964 (9th Cir. August 22, 2016), … Continue Reading
On July 11, 2016, the National Labor Relations Board extended the reach of its ground-breaking 2015 Browning-Ferris decision, which announced an expansive view of “joint employment,” and ruled that “employer consent is not necessary” to require multiple employers to jointly bargain with “units that combine jointly employed and solely employed employees of a single user … Continue Reading
As we’ve previously reported, on April 14, 2015, the National Labor Relations Board (NLRB or Board) implemented new union election rules (Election Rules), which made significant changes to the Board’s procedures for processing election petitions, holding hearings, and conducting secret-ballot elections. Most significantly, the Election Rules paved the way for union elections to be held … Continue Reading
Recently, the National Labor Relations Board made sweeping changes to its “joint employer” standard, announcing a new test that will surely lead to more findings of joint employment relationships under the National Labor Relations Act. Under the new standard announced in Browning-Ferris Industries, a company is a joint-employer if it exercises “indirect control” over working conditions … Continue Reading
As we previously reported, on April 15, 2015, the National Labor Relations Board implemented new union election rules (Election Rules) that made sweeping changes to the Board’s proceedings for processing election petitions, holding hearings, and conducting secret-ballot elections. At the time the Election Rules took effect, legal challenges to the Election Rules were pending in … Continue Reading
On April 14, 2015 the National Labor Relations Board’s (NLRB) new union election rules (Election Rules) went into effect. As discussed in a prior GT Alert, the NLRB adopted the new rules by a 3-2 vote with the two Republican NLRB members dissenting. As outlined below, the Election Rules make significant changes to the Board’s … Continue Reading
Last week the National Labor Relations Board (NLRB) reversed the Register Guard decision and declared that employees who have access to a company email system now have the right to use that system, on non-working time, to voice their disagreement with their working conditions to co-workers and outsiders. The majority explained that email communications have … Continue Reading
In May, this blog discussed the National Labor Relations Board (the Board or NLRB)’s potential targeting of policies regulating employee use of company email for non-business purposes. In inviting the filing of amicus briefs on the issue, (Purple Commc’ns, Inc., NLRB, No. 21-CA-95151, invitation to file briefs 5/1/14), the Board signaled that it may overturn … Continue Reading
The National Labor Relations Board (the “Board” or “NLRB”) under The President has broadly interpreted the protections afforded under Section 7 of the National Labor Relations Act (the “Act”). Section 7 gives employees the right to engage in concerted activity for mutual aid and protection and to form, join or assist labor unions. Employees also … Continue Reading
Yesterday, the Senate voted to confirm five Members to the NLRB, marking the first time in a decade that the Board has consisted of five Senate-confirmed Members. In addition to current NLRB Chairman Mark Pearce, the new Board consists of two Democrats, Nancy Schiffer and Kent Hirozawa; and two Republicans, Harry Johnson III and Philip … Continue Reading
Last week, Democrats Craig Becker and Mark Pearce were sworn in as Members of the National Labor Relations Board after receiving recess appointments from President Obama on March 27. The recess appointments of Becker and Pearce will last until the end of 2011. For the first time under the new administration, Democrats make up a majority of … Continue Reading
