NLRB OKs Cell Phone Ban in Workplace

Two weeks ago, the National Labor Relations Board (NLRB) issued a final ruling reversing the decision of the Administrative Law Judge (ALJ) in the case of Colt Beverage where the ALJ found that a company prohibition on the use or possession of a personal cell phone in the work area violated the employee’s rights under…

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Labor Tries to Block Joint Employer with COVID

Organized labor is still determined to fight to save the Obama era expansion of the joint employer rule, most recently using the COVID-19 crisis as its tool of choice. The AFL-CIO along with the Service Employees International Union (SEIU) early this week sent a letter to NLRB Chairman John Ring urging the delay the final…

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Joint Employer Finalized, or Not!

It’s hard to fathom that the joint employer question/issue, first created under the Obama administration with the NLRB Browning-Ferris decision back in 2015, is still unresolved all these years later. As we advised last week, the NLRB and the Department of Labor have both issued a “final rule” re-establishing the historical definition of joint employer.…

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White House Readies NLRB & EEOC Nominations

Earlier this week, the White House announced the names of four individuals being nominated for positions on the National Labor Relations Board (NLRB) as well as the Equal Employment Opportunity Commission (EEOC).  President Trump will re-nominate former NLRB member Lauren McFerran to one of the two vacant democratic seats on the NLRB and current Board…

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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 Captures Largest Settlement Ever

The National Law Relations Board (NLRB) earlier this month announced that it had won the largest settlement in history for unfair labor practices – $76 million – and the culprit was none other than CNN! The case began back in 2003 after CNN terminated a contract with a union company (Team Video Services) and replaced…

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Fight for $15 Active Again in New Year

The SEIU (Service Employees International Union) sponsored advocacy group, Fight for $15, continues to push for increased wage minimums in a host of states around the country. The most recent example of their ongoing efforts was seen in the state of New Hampshire, where the New Hampshire House of Representatives voted last week to raise…

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DOL Finalizes Joint Employer

Notwithstanding the above and possible re-opening of the issue, the U.S. Department of Labor (DOL) has released the final version of the long-awaited joint employer rule. The final rule now employs a four-part test to determine joint employer status that includes whether a franchise: 1) maintains power to hire and fire; 2) supervise schedules and…

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Much Year-End Action at NLRB

Despite approval of 2 articles of impeachment against the President this week in the US House, the more impactful news these weeks may be coming out of the National Labor Relations Board. Nothing will change when the impeachment articles are rejected by the Senate, but the NLRB has made some big changes that will reverberate…

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Federal Comment Periods Extended Again

Two federal agencies this week again extended the public comment period on pending regulations. The comment period on the proposed DOL amended tip-pooling rule, which was scheduled to end this past Monday was extended by the Wage and Hour Division due to an outage on the federal website, www.Regulations.gov. After the outage was resolved, the…

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