Pins are in at In-N-Out Burger

Appeals Court protects employees’ right to wear buttons advocating higher wages While employers may require employees to wear a uniform at work, under the National Labor Relations Act (NLRA) employees have the right to wear union buttons and insignia while working. Those conflicting rights have created fights over what a company may require and what…

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Two Prong Push for Joint Employer Fix

Congress is pushing for a final resolution to the joint employer issue on both the regulatory and legislative fronts. First off this week, both Senate Subcommittee on Employment and Workplace Safety Chairman Johnny Isakson (R-GA) and his House counterpart, Subcommittee on Workforce Protections Chairman Bradley Byrne (R-AL) sent letters asking all House and Senate members to…

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Dismantle The NLRB?

The Circuit Court may have upheld the NLRB’s ruling in Specialty Healthcare, but the Competitive Enterprise Institute (CEI) didn’t let that get in the way of their report calling for the agency to be dismantled. Under the noble goal of shrinking government, the CEI released a report earlier this week calling for the functions of…

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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…

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NLRB Makes Grad Students “Employees”

It just keeps getting better! So, the latest ‘wisdom’ from the National Labor Relations Board came down this week when the Board declared that graduate students were employees for purposes of organizing under the provisions of the National Labor Relations Act!  By a 3-1 vote, the NLRB voted that for purposes of union representation, the…

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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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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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More Precedent from Seattle

From the city that first hallucinated wisdom in a $15/hour minimum wage comes a new effort to help union recruitment as the City of Seattle City Council unanimously approved an ordinance extending collective bargaining rights to drivers from taxi and app-based transportation companies.  According to the National Labor Relations Act, certain independent contractors do not…

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But a Tiger Can’t Change Its Stripes

Just when you hope the NLRB is showing balance between labor and business, we learn of a decision they rendered in a Connecticut dispute (that was overturned by the federal court).  Our friends at Bennett Law Firm advised us this week that the DC Court of Appeals overturned the NLRB in a 5 year old…

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Federal Court Validates “Ambush Elections”

US District Court Judge Amy Berman Jackson for the District of Columbia validated the NLRB “ambush election” rules in her decision last week on a challenge brought before the DC court by the business community.  Judge Jackson characterized the challenge as a disagreement with “choices made by the agency entrusted by Congress with broad discretion…

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