Posts Tagged ‘NLRB’

NLRB reverses course on joint employers and employee handbooks

Whether it’s investigations, interpretations or lawsuits, actions taken by the National Labor Relations Board significantly impact employers and how they run their businesses. Decisions made by the Labor Board can apply to both unionized and non-unionized employers. Because other employment regulatory agencies like the Department of Labor and the Equal Employment Opportunity Commission have, on…

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NLRB’s new ‘joint employer’ standard threatens business interests

The National Labor Relations Board (NLRB) demonstrated intent to change the traditional employer-employee relationship to broaden unionization in the United States in a series of cases over the last year. In three cases, the NLRB has jettisoned long-standing case law recognizing that separate employers have separate workforces even when the employers work together at a…

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Facebook ‘like’ considered protected activity

Employers know that when it comes to employees discussing employment issues on social media, it is best for employers to tread carefully. A recent federal court of appeals decision confirmed that even a simple Facebook “like” can be protected employee activity under the National Labor Relations Act. Employees terminated for liking Facebook post In the…

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Labor Board’s joint employer decision sure to cause headaches

The National Labor Relations Board, which enforces labor laws for both unionized and non-unionized employers, recently issued a ruling on joint employer status for companies using temporary workers through staffing agencies that could have a far-reaching effect on attempts by unions to organize more employers. Right now, nearly three million U.S. workers are employed through temporary agencies.

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New union election rules yield much quicker elections

Union election petitions and quicker elections have been the immediate effect of the National Labor Relations Board’s new election rules which took effect on April 14, 2015. The new rules were intended to speed up the election process through quicker deadlines and delaying some hearings on some issues until after the election. Unions taking full…

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President vetoes resolution to block new NLRB election rules

The National Labor Relations Board’s new election rules, which include changes allowing for so-called “ambush elections,” will not be blocked by Congressional resolution after all. On March 31, President Obama vetoed a joint resolution of the U.S. Senate and House of Representatives that sought to block implementation of the NLRB’s election rules. As a result,…

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NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary on social media is very often “protected concerted activity” under the National Labor Relations Act even when the language used is…

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