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…

Read More »

Keeping Up On Joint-Employer

While minimum wage and paid sick leave battles steal much of the anti-business limelight of late, we can’t lose sight of the importance of the ongoing efforts to effectively negate the National Labor Relations Board (NLRB) recasting traditional employer definitions.  As the McDonald’s v NLRB joint-employer case continues in a Manhattan courtroom, there’s been plenty…

Read More »

NLRB Petitions SCOTUS on Invalid Appointment

Speaking of “joint-employer”, rendered by the National Labor Relations Board, we noted the NLRB has filed a petition for certiorari with the Supreme Court of the United States regarding to review the decision invalidating rulings by the illegally appointed acting General Counsel Lane Solomon.  The case came through the US Court of Appeals for the…

Read More »

And Then There Were 3

The new persuader rule issued last week by the Department of Labor has now generated three separate legal challenges from the business community.  As we reported last week, the rule was first challenged in Arkansas by the National Association of Manufacturers among others.  This week, federal lawsuits were filed in the District Court in Minnesota…

Read More »

Appeals Court Upholds NLRB Ruling vs Franchisee

The aforementioned NAM Challenge to the persuader rule was filed in the District Court for Arkansas which falls within the jurisdiction of 8th US Circuit Court of Appeals.  That same court by a 2-1 decision rendered just weeks ago, upheld an NLRB ruling against a Jimmy John’s franchisee in Minnesota who fired six workers for…

Read More »

DOL Overtime Rule Sent To OMB

Without boring you with all the painful governmental details, the new Department of Labor mandated overtime rules have been sent to the White House Office of Management and Budget (OMB) for their final review before becoming effective.  OMB review typically takes a month or two to complete, but with the prospect of the Congressional Review…

Read More »

Ninth Circuit Affirms Illegal NLRB Appointment

In a decision released this week, the US Appeals Court for the Ninth Circuit affirmed a lower court ruling that invalidated the appointment of Lafe Solomon as acting NLRB General Counsel back in 2010.  You may recall at that time, President Obama filled a number of NLRB positions without the assent of the US Senate…

Read More »

Utah and Wisconsin Ban Joint-Employer

Speaking of the egregious joint-employer ruling, two more states have enacted laws that strictly prohibit the application of the NLRB joint-employer definition within their boundaries.  Utah Governor Gary Herbert is expected to sign H.116, which specifies that no franchisee or employee of a franchisee shall be considered an employee of the franchisor for any purpose…

Read More »

Irony of Ironies as NLRB is Found Guilty

Yes, you read that correctly, the National Labor Relations Board was found guilty of unfair labor practices last week in a case brought by its own union.  An administrative law judge with the government’s Labor Relations Authority ruled the regulatory agency (charged with objectively arbitrating worker’s rights in private employment) violated their employees’ rights by…

Read More »

DOL Issues New Guidance on Joint-Employer

The Department of Labor this week released a new interpretation on the joint employer issue that franchisees need to be aware of.  David Weil, Administrator of the DOL’s Wage and Hour Division, and the individual most responsible for the application of joint employer as it relates wage and overtime protections released the guidance and then…

Read More »