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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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…

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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…

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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…

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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…

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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…

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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…

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