NLRB Extends Comment Period, Court Remands Workplace Rules

NLRB continues to make headlines under the more business-friendly Trump administration. This week, the agency extended the deadline for public comments to be submitted on the ambush or so-called “quickie” election until March 19, 2018. Back in 2015 under the Obama administration, NLRB ordered a significant reduction in the time required for a union representation…

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Newsworthy NLRB

We realize we have been reporting quite regularly on the National Labor Relations Board lately, but the agency continues to generate news of import to small businesses – and this week is no exception. The agency is pursuing settlement of the high profile lawsuit it initiated against McDonalds back in 2015 over the joint-employer allegation.…

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What’s Brewing: NLRB, H-2B summer visas, Soda tax, Wages headed up, Sick leave

Good old 2017 ended with a bang, with the Trump Administration making good on its promises to axe a controversial ruling that Dunkin’ and other franchise owners have argued undermines the very foundations of franchising. The National Labor Relations Board has dumped the Obama-era joint-employer rule, which had sowed confusion and stirred fears of unionization…

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Forecasting 2018

As I sit here, just a few days before Christmas, I am watching the weather change outside my office window from relatively warm (for Minnesota), to downright cold. And like the weather, the one thing that we can always count on as the seasons change, is change in the political and legal landscape affecting business…

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Trump Fills NLRB Vacancy –

President Trump has nominated attorney John Ring, a partner in the global law firm of Morgan, Lewis & Brockius, to fill the final vacant slot on the National Labor Relations Board. The opening was created by the expiration of Philip Miscimarra’s term in December and his decision not to seek reappointment. Ring, co-chairman of the…

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Over, But Not Gone

As we advised a few weeks ago, the NLRB reversed its egregious decision in Browning-Ferris and the definition of a joint-employer has reverted to the long accepted version of “direct and immediate control” over employees rather than the Obama-era “indirect and unexercised” control standard. Notwithstanding, proponents of retaining the 2015 definition continue to pursue avenues…

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A Bang, Not A Whimper

The term of National Labor Relations Board Chairman Philip Miscimarra ended at midnight last Saturday in a blaze of glory as the new NLRB republican majority overturned several egregious Obama-era decisions, the last of which was the 2011 Specialty Healthcare ruling. Under Specialty Healthcare, workers under certain circumstances were allowed to form bargaining units representing…

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NLRB Reverses Joint Employer

Yesterday, the National Labor Relations Board officially overturned its egregious joint-employer standard (imposed by the Obama NLRB in its Browning-Ferris decision in 2015) and restored the historical standard of “direct and immediate” control. Now with a 3-2 republican majority under President Trump, the NLRB ruled yesterday on a 3-2 party-line vote that the standard created…

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NLRB Not Done Yet

As great as their joint employer standard reversal is, it appears that the Trump-era NLRB is not stopping there! In a separate ruling also released yesterday, the NLRB reversed the standard the agency created in its 2004 Lutheran Heritage Village-Livonia decision that employer policies that could be reasonably construed by an employee to prohibit or…

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NLRB Appointments, Again

That’s right, President Trump did recently provide a full 5-member complement of appointees to the National Labor Relations Board (NLRB) in addition to new NLRB General Counsel Peter Robb – but now has a new vacancy to fill, again. The term of current NLRB Chairman Philip Miscimarra is set to expire one week from tomorrow,…

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