Joint Employer Briefs to SCOTUS

Perhaps the lightening rod of all NLRB decisions during the tenure of General Counsel Griffin was the Board’s rewriting of the definition of joint employer. As the Browning-Ferris decision reverberated through business circles, the NLRB upped the ante when they began liberally applying their new standard to an array of industries and companies (McDonald’s, DirectTV,…

Read More »

Trump Fills Last NLRB Seat

Just last week, we reported on the nomination of Attorney Marvin Kaplan to the 4th seat on the National Labor Relations Board (NLRB), leaving only one vacancy on  the 5-member Board entrusted with enforcement of the National Labor Relations Act (NLRA). Just this week, President Trump closed that gap completely with the formal nomination of…

Read More »

Congress Undoing Other NLRB Rules

The Trump administration may be targeting and undoing a number of the more egregious Obama-era rules relating the workplace, but that doesn’t mean Congress isn’t going to take a shot at some as well. Just yesterday, the House Education and Workforce Committee marked up a couple of labor-related bills that will undo different Obama administration…

Read More »

Change and Court Overturn NLRB

Nothing could be more indicative that ‘change is in the air’, than the decision this week by the Department of Justice to change sides in the legal wrangle over Murphy Oil v NLRB, a 6 year old case on the validity of employment contracts that require a waiver of employee class action rights. Under the…

Read More »

House Hearing Targets NLRB Rules

The Health, Education, Labor and Pensions subcommittee of the House Education and Workforce Committee held a hearing Wednesday on three specific bills that target Obama-era guidelines promulgated by the National Labor Relations Board (NLRB). Ostensibly, the legislation seeks to rescind the ambush election rules along with others that unfairly improve the chances for labor unions…

Read More »

DOL Dumps Joint Employer Rule

It didn’t take new Secretary of Labor Alex Acosta too long to determine that the expanded definition of joint-employer by the Obama-era Labor Department (DOL) was a dramatic overreach and to fix it. Earlier this week, Acosta announced that the DOL had withdrawn the joint employer guideline. Recall back in 2015 that David Weil, DOL…

Read More »

Bill Seeks To Overturn NLRB

Over the course of the past several years, there have been a number of significant decisions rendered by the National Labor Relations Board (NLRB) largely rewriting the National Labor Relations Act. Over the past two weeks, remedies have been filed in both branches of Congress, but any final passage and resolution may still be quite…

Read More »

General Counsel Still Calls Shots

NLRB General Counsel Richard Griffin continues to rule his roost and work toward expanding the reach of organized labor – at least, until his term expires in November. In a Bloomberg story last week, his ability to continue to confound republican efforts to reign in the agency was highlighted. In his capacity as General Counsel,…

Read More »

Trump Budget Provides Fodder, Insights

With the unveiling of President Trump’s proposed budget blueprint for 2018 this week, we can more clearly see what his plans entail for a number of departments and issues across the nation – and, it provides more than enough fodder for media pundits to speculate on some possible outcomes. And, although several in Congress have…

Read More »

Tide Turning Fast At NLRB

Especially over the past several years, a majority of decisions made by the National Labor Relations Board (NLRB) were very much labor friendly, as the Obama NLRB dramatically expanded the reach of union organizers and the restrictions on non-union business.  One particular area of expansion results directly from the Board’s Columbia decision (rendered last August),…

Read More »