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Showing 71 posts in NLRB.

Join Us October 20, 2016 for Hinshaw's 21st Annual Labor & Employment Seminar

It's that time of year again! School's back in session, the leaves are starting to change, and Hinshaw is putting on its annual Labor & Employment Seminar! Thursday, October 20th is the big day in Hoffman Estates, Illinois. Have you been wondering... More ›

TILTING THE BATTLEFIELD: NLRB MAKES IT EASIER FOR UNIONS TO CHALLENGE USE OF PERMANENT REPLACEMENTS

The National Labor Relations Board (“Board”) recently denied review of its ruling in American Baptist Homes. That ruling upended the decades-old bright line test that an “independent unlawful purpose” is established only when an employer’s hiring of permanent replacements is unrelated to, or extrinsic to, the strike.  Specifically, the Board ruled the General Counsel is not required to show an employer was motivated by an unlawful purpose extrinsic to the strike; he need only show the hiring of permanent replacements was “motivated by a purpose prohibited by the Act.” What constitutes a “prohibited purpose” is open to interpretation, and American Baptist Homes strongly signals employers could be exposed to unfair labor practice charges if there is any allegation that the use of permanent replacements is motivated by an intent to interfere with the exercise of Section 7 rights. More ›

NLRB Makes it Easier to Unionize Temporary Workers

On Monday, the National Labor Relations Board made it easier for unions to organize temporary workers in a 3-1 decision in the case Miller & Anderson. In doing so, the Board reversed its ruling in Oakwood Care Center, 343 NLRB 659 (2004) and returned to the standard established in M.B. Sturgis, Inc., 331 NLRB 1298 (2000).  More ›

Is Labor Law Putting the Franchise Business Model at Risk?

Over the course of the last year, we have kept you abreast of National Labor Relations Board (NLRB) case law and Department of Labor (DOL) interpretive/enforcement guidance, how these agencies are changing their view of the responsibility of parent corporations for the employment relationship between employees of temporary agencies and franchises, and how these changes have the potential to drastically alter the benefits and risks of utilizing these relationships.

In what could become one of the most enlightening applications yet of this emerging shift, an NLRB hearing before an administrative law judge began last week in involving allegations by workers that McDonald's is responsible as a joint employer for the alleged labor law violations of its franchisees. The franchisors are alleged to have threatened, disciplined, or fired franchise employees who participated in widely-publicized campaigns for collective bargaining and a $15 minimum wage. More ›

Amex Employment Arbitration Policy held Unlawful by NLRB

Amex Card Services Company ("Amex") operates a call center in Phoenix, AZ.  Amex required all new hires to sign an acknowledgement form acknowledging receipt and understanding of its Arbitration Policy as a condition of employment.  The policy mandated final and binding arbitration to resolve all employment-related disputes.  The policy also mandated that all claims subject to arbitration be submitted on an individual basis.  More ›

Facebook “Like” Protected Speech Under the NLRA

We all have them. Friends and family who overshare on Facebook. Their food choices (complete with pictures), exercise routine, and relationship drama, all solidified in the form of a status update. Annoying maybe, but mostly harmless, right? 

But what about status updates about work? Particularly those that criticize a company, supervisor, or work environment? Can your friend’s employer terminate or take recourse against him? Or does social media fall into a category of protected speech the employer cannot touch? More ›

Click to Agree? NLRB will Accept Electronic Signatures in Union Organizing Efforts

When was the last time you scrolled through an online statement of Terms and Conditions, just wanting to get to the bottom so that you can click “Agree” and move on with your day? By doing so, you legally committed to something, and you may not even know what it is. Would you believe that, as of September 1, a union could use a similar electronic form to gather employee signatures and trigger a representation election? Well, believe it. More ›

Joint Employer Standard Expanded: NLRB Overturns 30 Years of Precedent

In a dramatic departure from over 30 years of precedent, the National Labor Relations Board has modified the standard by which it determines whether two entities are "joint employers" under the National Labor Relations Act (NLRA). The 3-2 ruling in Browning-Ferris Industries of California, published on August 27, 2015, has serious implications for companies that utilize staffing agencies and temporary employees, and for the staffing agencies themselves. The ruling greatly increases the ability of workers to bargain with both their employer and the company that hires their employer and to hold both companies responsible for various wrongs.  More ›

Trend Alert: NLRB Holds Employee Acting Alone Engages in Concerted Activity

The NLRB, and courts interpreting the National Labor Relations Act ("NLRA"), consistently have held that to engage in concerted activity protected by Section 7, two or more employees must take action for their mutual aid or protection regarding terms and conditions of employment. Key takeaways: "two or more" and "mutual." But, as the title of this article suggests, even a lone wolf may fall within this definition in certain circumstances.       More ›

Sixth Circuit: Despite Misconduct, Terminating Complaining Employee Still a Problem under Section Seven

Ask any school teacher and they will tell you, the key to maintaining an orderly classroom is identifying the instigator. The "instigator" is the young boy or girl (let’s be honest, usually boy) who does or says something to disrupt productivity and get everyone off-task. I often tell my clients that managing a workforce is similar to managing a group of adolescents. You must establish and enforce rules, know everyone's strengths and weaknesses, recognize personal conflicts, and — most importantly — identify the instigator. In a recent federal case, however, one employer learned the pitfalls of playing teacher: in the workplace, the instigator may be the one person that you don’t want to single out. More ›

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