By Phyllis Karasov and Silas Petersen
On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule redefining “joint employers” under the National Labor Relations Act (NLRA). Approved three-to-one along partisan lines, the new rule mirrors the Board’s proposed rule that was published in September 2022. The new rule expands the definition
The National Labor Relations Board (NLRB) has issued a significant decision threatening the viability of provisions routinely included in employment settlement agreements. In the McLaren Macomb decision, the NLRB ruled that an employer violated the National Labor Relations Act (the “Act”) when it offered severance agreements to 11 terminated employees containing confidentiality, nondisclosure and non-disparaging provisions.
Change in the political party of an administration can be expected to impact the development and interpretation of federal law and regulation. This is particularly true in the transition between former President Trump’s administration and that of President Joseph R. Biden.
President Biden has only been the President for two weeks, yet he has already
Whether a business’s employees are represented by a union or not, all employers should be concerned about the pending Protecting the Right to Organize Act (“PRO Act”) being considered by Congress. If enacted, the PRO Act will alter fundamental principles of labor law and significantly prejudice the rights of employers. Supporters of the PRO Act
Employers have long disliked labor unions’ use of inflatable rats, large balloon cats, mock funerals and other types of dramatic protests mounted when a labor union wants to exert pressure on a company to cease doing business with the employer with whom the union has a dispute. The National Labor Relations Act (NLRA) expressly prohibits
As discussed in a prior post , the National Labor Relation Board (NLRB) continues to target certain employee work rules and policies, including employee handbook provisions, as running afoul of the National Labor Relations Act (NLRA). Although the current NLRB has reversed several previous NLRB decisions regarding handbook policies, the line between permissible policies and
When employees become dissatisfied with their union representation, they often ask questions of their employer as to how to get rid of their union. When a union no longer enjoys the support of unit employees, it can be decertified. Decertification is the process of formally removing recognition of a union as the authorized representative of
A recent NLRB decision, SuperShuttle DFW, Inc. marks a renewed focus on entrepreneurship, giving businesses and workers greater flexibility in their relationships. The decision is also a resounding victory for the franchise industry who, in recent years, have faced repeated threats to its core business model. With a heightened focus on the entrepreneurial opportunity,