Labor Attorneys Planning Battle?

On the surface, it may seem that the labor issue pendulum has swung in favor of business with the Trump administration taking office and Congress in the republican control, but business interests shouldn’t expect the unions or their advocates in the plaintiff’s bar to go quietly into that good night! To the contrary, we found…

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NLRB and Joint-Employer, Again

Notwithstanding the judicial pounding the Obama administration and its regulatory schemes have been taking by the courts (and the electorate), the National Labor Relations Board is not deterred.  The agency recently announced they will appoint 5 administrative law judges from the Social Security Administration to replace those scheduled to retire at the end of this…

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New Joint-Employer Suit Filed

As courts strike down more of the Obama administration’s revised regulations, one of them that may most directly impact franchising served as the basis for another class action suit this week as more employees with a grievance try to get the “deep pockets” into court for liability.  This case was brought in Cook County, Illinois…

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NLRB Rulings Further Squeeze Business

One week, two NLRB rulings = more trouble for businesses!  The National Labor Relations Board this week continued what could arguably be called its war on small business with two distinct rulings from the agency.  The issue in the first stems from the In-N-Out Burger practice of including “Merry Christmas” buttons on their workers’ uniforms…

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SCOTUS Agrees to Review NLRB Appointment

With the seat held by the late Justice Antonin Scalia still vacant, it could be anybody’s guess where the majority breaks on this case, but the Supreme Court of the United States (SCOTUS) has agreed to hear an appeal by the NLRB that their acting general counsel had been improperly nominated.  To refresh the issue…

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Court Upholds “Ambush Elections” Again

It’s beginning to look like it will be here forever, as the 5th US Circuit Court of Appeals ruled in favor of the National Labor Relations Board (NLRB) last week in a case brought by the National Federation of Independent Business (NFIB) and the Associated Builders and Contractors (ABC).  The court found that the rule…

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Joint-Employer In Appeals Court

Although states continue efforts to insulate themselves from the new definition of joint-employer, dictated by the National Labor Relations Board last year, the BFI appeal is still slowly winding its way through the federal court system.  This past Tuesday, the defendant in the original NLRB case, Browning-Ferris Industries filed a brief with the US Court…

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Caesars “Craps Out” with NLRB

It is a sure bet that under the current administration, the NLRB has no intention of taking its foot off the throat of non-union business.  If you need a recent example, we’d point you to its decision a few weeks ago against Caesar’s Entertainment (specifically, the Rio Suites Hotel & Casino, site of the 2014…

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NLRB Attacking Employee Handbooks

Two weeks ago, the National Labor Relations Board ruled against T-Mobile because their handbook required workers “to maintain a positive work environment by communicating in a manner that is conducive to effective working relationships”, a rule the out-of-control federal agency thought stifled worker rights to engage in concerted activities.  This week we learn, they’ve overturned…

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Employee Manual is Too Broad Says NLRB

The National Labor Relations Board ruled just two weeks ago that an employee manual being used by a number of private companies was so broadly written that it violated the National Labor Relations Act (NLRA).  NLRB administrative law judge David Goldman ruled that some of the policies contained in the Quicken Loans employee manual, known…

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