The National Labor Relations Board’s (NLRB) rule on joint employer status, which has been expanding and contracting with changes of administration several times in the past decade, is poised to increase employer liability once again. Joint employers covered by a collective bargaining agreement are viewed as part of a single bargaining unit and may be…
With yesterday’s passage of the Omnibus Funding Bill by the U.S. Senate, expanded worker protections and more funding for anti-business regulatory agencies is that much closer to reality. By a vote of 69 – 29, the Senate passed the $1.7 trillion legislation and sent it to the U.S House for their consideration – and likely…
Many are keeping a lookout for any movement on the National Labor Relations Board (NLRB) change to the joint-employer standard with several prepared to do battle over the proposal. In fact, during the recent “public comment period”, almost 13,000 comments were received by the December 7 submission deadline, a good many of which took aim…
The changes just keep coming at the National Labor Relations Board (NLRB), and not in a good way for many employers. By a 3-2 vote on Tuesday of this week, the Board broadened its make-whole remedy for unfair labor practices by including a requirement that employers must compensate victimized workers for “all direct or foreseeable…
Although democrat appointees have been in the majority on the National Labor relations Board (NLRB) for the past 14+ months, their hold on the regulatory agency will tighten in two weeks when the term of republican-appointed member John Ring expires. The expiration of his term will leave Board member Marvin Kaplan, whose term runs through…
In a Halloween release of her latest memo, NLRB General Counsel Jennifer Abruzzo announced her intention to limit employers in their ability to rely upon commonly used electronic monitoring and management technologies to monitor employee misconduct and performance issues. In Memorandum GC 23-02, Abruzzo describes various technologies that are increasingly used to monitor and manage…
There’s an old adage that cautions “Watch out what you wish for, you might just get it!” It seems that might be the case with baristas at a Starbucks store in Nichols Hills, OK. Those employees petitioned for a union representation election five months ago and after some challenges back and forth, the NLRB finally…
Last Friday, the National Labor Relations Board (NLRB) announced an extension in the time allowed for public comments to be submitted regarding a proposed new rule on the joint employer standard. The agency extended the comment period by an additional 30 days and will now accept public comments through the close of business on Wednesday,…
The saga over unionizing at Starbucks continues with a decision coming down from the National Labor Relations Board (NLRB) last Friday where the company was found to have illegally fired an employee in Michigan for participating in union activism and in a labor board proceeding. The NLRB administrative judge who heard the complaint ordered Starbucks…
The National Labor Relations Board (NLRB) has reversed another long-standing policy relating the payment of union dues. Two weeks ago, the agency determined that the “dues checkoff” provision of a collective bargaining agreement remains intact even after the agreement expires and can then only be eliminated through future collective bargaining negotiations! The checkoff provision requires…
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