NLRB Lawyer Criticizes Joint Employer Proposal

The public comment period on a proposed new regulation from the National Labor Relations Board (NLRB) governing joint employer status remains open for another 2 weeks, but the proposal has already received some harsh criticism – from the General Counsel of the agency himself! NLRB General Counsel Peter Robb released his comments just over one…

Read More »

NLRB Judge Rejects McDonald’s Joint Employer Deal

As we’ve reported over the past few weeks, the question of Administrative Law Judges and their decisions came to the forefront this week when National Labor Relations Board ALJ Lauren Esposito rejected a proposed settlement on the joint employer issue. The case stems from Obama-era NLRB General Counsel Richard Griffin issuing a 2014 directive expanding…

Read More »

SCOTUS Stealing The Headlines

Our democracy is predicated on the three branches of government being equal in power, but over the past week or so, the judiciary – and the US Supreme Court in particular – has sucked all the power out of the room! Most recently, the court’s decision in the Janus case (which we cover below) has…

Read More »

NLRB Guidance on Employee Handbooks

Just a week or so ago, National Labor Relations Board (NLRB) General Counsel Peter Robb sent a new guidance memo out to regional directors across the country advising how the new employee handbook standard should be applied. The memo summarizes each of three categories of rules in which the provision in question should be placed…

Read More »

NLRB Funding Fracas

There’s more NLRB intrigue when we talk about funding the agency received in the Omnibus Spending bill signed in late March to keep the government running through the end of the fiscal year. The White House Office of Management and Budget is trying to claw back some of that funding (a $192 million increase over…

Read More »

Newsworthy NLRB

We realize we have been reporting quite regularly on the National Labor Relations Board lately, but the agency continues to generate news of import to small businesses – and this week is no exception. The agency is pursuing settlement of the high profile lawsuit it initiated against McDonalds back in 2015 over the joint-employer allegation.…

Read More »

Rescinding Regulations

The new general counsel of the National Labor Relations Board, management side attorney Peter Robb, is wasting no time before sinking his teeth into the regulatory meat of the Obama administration labor record. General Counsel Robb, who replaced Richard Griffin when his term expired last month, issued a memo to staff on the first of…

Read More »

Griffin Out, Robb Confirmed

Speaking of the NLRB and their egregious decision on joint-employer, the architect of that ruling, General Counsel Richard Griffin, was working under a fixed term contract which expired on November 1 and he is no longer with the NLRB. Effective the first of this month, Griffin was out as General Counsel and the acting general…

Read More »

NLRB Counsel Corrects Answer to SCOTUS

The author of the aforementioned expansion of the joint-employer definition, lame-duck NLRB General Counsel Richard Griffin sent a letter to the United States Supreme Court (SCOTUS) this week to clarify and correct “a series of inaccurate answers” he gave during oral arguments on Monday in the case of NLRB v. Murphy’s Oil. The issue in…

Read More »

Senate Confirms Emanuel For Full NLRB

For the first time in quite a while, the National Labor Relations Board operated with a full complement of Directors this week as fifth Director William Emanuel was confirmed early this week by the United States Senate on a party-line vote of 49-47. Emanuel’s confirmation gives the 5-person Board a 3-2 republican majority for the…

Read More »