SEIU Wants NLRB Clock Turned Back

Through the veil of the Fight for $15 movement that it has bankrolled, SEIU demanded that two of the republican members of the National Labor Relations Board recuse themselves this week from decisions involving a pending settlement of a major McDonald’s case. The settlement was rejected by an NLRB administrative law judge last month and…

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NLRB Reaffirms ALJ Appointments

Speaking of the NLRB and decisions by Administrative Law Judges (ALJs), last week the Board unanimously ruled that its process for appointing administrative law judges falls in line with a recent Supreme Court decision on the subject. In Lucia v. SEC , SCOTUS found that the process used by the Security and Exchange Commission for…

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Joint Employer Impacting Hospitality Industry

In a new study recently released by the American Action Forum, the expanded definition of joint-employer is being blamed in large part for what appears to be a slowing in hotel industry growth and employment. In the wake of the 2015 Browning-Ferris decision, by the National Labor Relations Board (NLRB), the annual franchise employment rate…

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Appeals Court Upholds Pro-Union Pins on QSR Uniforms

The US 5th Circuit Court of Appeals has upheld an NLRB ruling that allowed QSR employees to wear pro-union pins and buttons on company uniforms during working hours. The case stems from an In-N-Out Burger policy that prohibited employees from wearing any pins or buttons on their work uniforms. Two employees of an In-N-Out store…

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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…

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Business Opposes Gaston Pearce Re-nomination

The Trump administration has been informed by the broader business community that it does not want to see NLRB Director Mark Gaston Pearce reappointed to the post when his term expires next month. Gaston Pearce, who served as Chairman of the National Labor Relations Board for 6 years under President Obama from 2011 – 2017,…

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Trump Changes ALJ Hiring Process, Dems Object

In the wake of a SCOTUS decision decided just a few weeks ago (Lucia v Security & Exchange Commission) where the court ruled administrative law judges (ALJs) were in fact, “officers of the United States” and hence subject to the appointments clause in the Constitution, President Trump ordered the hiring process for ALJs changed. In…

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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…

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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…

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NLRB Joint Employer Rule Coming

Earlier this week, National Labor Relations Board (NLRB) Chairman John Ring made it clear that the agency will clarify its position on the joint employer issue sometime this summer. There has been discussion about how and when the agency would undo the Obama rule that dramatically expanded the definition of joint employer and cast a…

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