And, Then There’s the PRO Act

If that weren’t enough union saber-rattling, organized labor has been pulling out all the stops to create additional momentum for the passage of the Protecting the Right to Organize Act (PRO Act). Toward that end, AFL-CIO affiliates along with their allies are planning as many as 200 rallies up and down the East Coast next…

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NLRB Finalizes Joint Employer Rule

Earlier this week, the National Labor Relations Board (NLRB) issued its final rule for determining joint-employer status under the National Labor Relations Act. The final rule reinstates the “direct and immediate control” standard, whereby a company must have substantial direct control over the essential terms and conditions of employment of another employer’s workers in order…

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NLRB Asks When Labor Law Protection Stops

In late breaking news yesterday, the National Labor Relations Board has asked for public input on the question of if or when an offensive and/or profane outbursts by an employee become so egregious that the employee loses the protection of the National Labor Relations Act. By a familiar vote of 3-1, the Board invited amicus…

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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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