NLRB Issues on Unions, Member Conflict

One could argue that the National Labor Relations Board (NLRB) has been ground zero on a broad array of issues under President Trump as the administration tries to scale back anti-business regulations. And to drive that point home, this past week, the agency issued a ruling in a 3-1 decision in the Johnson Controls, Inc.…

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NLRB Strikes 2 Policies As Overbroad

The National Labor Relations Board (NLRB) has struck down 2 provisions in an employer policy manuals as overly broad and in violation of the National Labor Relations Act (NLRA). The first dealt with Company information confidentiality, in that a company policy stated that “[T]here shall be no disclosure of any confidential information to anyone outside…

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NLRB Gives Employer Win vs. Non-Employee Organizers

In a separate case decided a couple of weeks ago, the agency validated an employer removing non-employee union organizers from public areas of their property. Historically, employers have been able to keep non-employee organizers off their property with two significant exceptions – they could not discriminate (if one non-employee group can be there, then so…

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Senate Standoff Continues as Gaston Pearce Withdraws

The ranking member on the Senate Health, Education, Labor & Pension Committee, democratic Senator Patty Murray reaffirmed this week that she will continue to block Republican labor nominees unless/until the Republican majority approves democrat nominees. In light of the ongoing standoff, which has blocked hundreds of federal appointments over the past few years, former NLRB…

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Joint Employer Comment Period Closes

At long last, the public comment period for the new joint employer regulation has finally closed. The regulation, which was first published in the federal register last September 18, was initially open for public comment only through November 18. Since that time however, the closing deadline was postponed twice until January 12, and then, caught…

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More News From Labor

That’s the Department of Labor, of course, and joint employer wasn’t their only headline these past few weeks. The department finally sent along to the Office of Information and Regulatory Affairs (OIRA) a proposed regulation to “clarify, update and define” the basic and regular rate for calculating overtime pay. It is believed the regulation will…

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NLRB Moving Forward on Joint Employer

Despite calls for the National Labor Relations Board (NLRB) to slow its engines on rolling back the definition of joint employer, the agency appears steadfast in its determination to undo the Obama-era expansion of joint employer applicability. NLRB Chairman John Ring rejected a formal request he received from two democratic members of Congress to rescind…

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Trump Resubmits Nominees to Senate

President Donald Trump re-submitted a host of nominations for a number of labor and other positions to the Senate this week. Many of the nominees were caught in a standoff between the White House and democratic senators over pending nominations: essentially, where the republican Senate majority did not confirm a number of democratic nominees, then…

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Joint Employer Comment Deadline Extended

It is apparently the deadline that never is, but the January 14 deadline for new public comments on the joint employer rule was extended again last Friday by the National Labor Relations Board (NLRB). Under the terms of this latest extension, new public comments must be received by January 28, 2019 and responses to new…

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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…

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