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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NLRB Rules Misclassification Doesn’t Violate Law –

The National Labor Relations Board ruled yesterday that the simple misclassification of employees as independent contractors does not necessarily violate the National Labor Relations Act. In a split 3-1 decision in Velox Express Inc., the agency found that simply misclassifying workers as independent contractors instead of employees does not interfere with the workers’ rights to…

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NLRB Restricts Non-Employee Leafleting

NLRB also gave another win to an employer last week in the Bexar County Performing Arts Center Foundation decision. In that case, the NLRB Board overruled an administrative law judge’s finding that the employer could not prohibit workers in the employ of a subcontractor of the employer from distributing protest leaflets to patrons attending the…

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Beating the Union at Its Own Game

The Portland Oregon-based burger chain, Little Big Burger deserves much credit for getting ahead of and defeating a unionizing effort by the Industrial Workers of the World (IWW) in 12 of the company’s 20 stores. The company first drew the union wrath a number of weeks ago after it terminated (for valid cause) an employee…

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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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