The current National Labor Relations Board (NLRB or Board) continues to take steps toward reversing union-friendly Obama-era NLRB rules and regulations. Previously, the Board sought public comment on whether it
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NLRB
Supreme Court Holds That Employer Sponsored Arbitration Programs do not Violate National Labor Relations Act
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…
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Revisiting the Great Joint Employment Debate
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
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NLRB Returns to Browning-Ferris Test for Joint Employment
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…
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GT’s Labor & Employment Law Update 2017
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…
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NLRB Overturns 4 Decisions that Adversely Impacted Employers
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…
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The DOJ’s Evolving View of the Interplay Between the Federal Arbitration Act and the National Labor Relations Act
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…
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Employer Guidance – National Immigrant Protests
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,…
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Ninth Circuit Court of Appeals Widens Circuit Split as to Class Action Waivers in Employee Arbitration Agreements
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…
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National Labor Relations Board Extends Reach of Browning-Ferris Joint Employment
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…
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