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13 Apr 2018 UPDATE: Does Misclassifying Employees As Independent Contractors Violate Labor Law?

Department of Labor, National Labor Relations Board | David Pryzbylski

  Whether it be the Internal Revenue Service (IRS), the Department of Labor (DOL), or state unemployment or workers’ compensation agencies, employee versus independent contractor status always is a hot issue. Missteps by employers in this area can result in back taxes, penalties, and more. The question has been looming, however, whether the National Labor Relations Board (NLRB) also would be throwing itself into the misclassification analysis fray with other agencies. Specifically, the board previously…

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11 Apr 2018 Senate Confirms Ring to NLRB, Restoring 3-2 Republican Majority

National Labor Relations Board | Anthony Glenn

The U.S. Senate voted 50-48 along party lines on Wednesday to confirm President Trump’s Republican NLRB nominee, John Ring, restoring the Board to a full complement of five members. This once again gives Republicans a 3-2 majority on the Board, which has operated with a 2-2 Republican-Democrat deadlock since December 16, when Republican Chairman Philip Miscimarra’s term expired.   Just prior to Miscimarra’s departure in December, the Board issued a flurry of decisions overturning a…

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11 Apr 2018 ‘Show Me the Money’: Unions Demanding To Share In The Benefit Of Corporate Tax Cuts

Union Organizing, Unions and Union Membership | David Pryzbylski

According to a recent report by USA Today, unions are demanding companies share some of the economic benefit the employers may see from the recently implemented corporate tax cuts. The unions pushing on this front include the Communications Workers of America, Service Employees International Union, and the Teamsters. This follows reports earlier this year predicting that labor organizations may seek to be aggressive on wage hikes based on the tax relief. The fact that many…

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05 Apr 2018 Wolf Guarding The Hen House? Group Demands Investigation Into NLRB’s Inspector General.

National Labor Relations Board | David Pryzbylski

  The Inspector General of the National Labor Relations Board (NLRB) has had a busy 2018, as he has had to investigate at least two members for alleged improper conduct. The first investigation involved Member Emanuel and allegations he should have recused himself from a case last year dealing with joint-employer status under the National Labor Relations Act due to a purported conflict of interest. The second investigation involves Member Pearce and an allegation he…

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03 Apr 2018 Employees Urge NLRB To Overturn The “Ambush Election Rule”

National Labor Relations Board | David Pryzbylski

  Few developments at the National Labor Relations Board (NLRB) in recent years caused as much consternation for employers as the agency’s 2015 “ambush election rule.” That rule significantly truncated the amount of time a company has to express its opinion to its workforce on potential unionization by its employees prior to an election being held. The NLRB announced on Dec. 12, however, that it was seeking input from the public regarding the rule. According…

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30 Mar 2018 Loose Lips Sink Ships: Obama-Appointed NLRB Member Under Investigation

National Labor Relations Board | David Pryzbylski

  The National Labor Relations Board’s (NLRB) Inspector General appears to be very busy these days. Indeed, the NLRB made headlines last month when it vacated a decision from last year as a result of a board member having a potential conflict of interest. That result specifically came about after the agency’s Inspector General issued a report on the purported conflict.   Now, Bloomberg BNA is reporting that the Inspector General is investigating former Obama-appointed…

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28 Mar 2018 Right-to-Work in Illinois? One Village is Trying.

State Labor Laws | David Pryzbylski

  Illinois is completely surrounded by right-to-work states that have laws making it unlawful for companies to require union dues as a condition of employment. While the state of Illinois is unlikely to pass such legislation of its own, the Illinois village of Lincolnshire attempted to enact a right-to-work ordinance in 2015 that would have been applicable to companies and unions within its borders. Unions filed a lawsuit to have the village’s ordinance voided, and…

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26 Mar 2018 NLRB Avoids Drastic Budget Cut

National Labor Relations Board | Joseph Hess

  The U.S. House and Senate passed a $1.3 trillion omnibus spending bill on Thursday, sparing the National Labor Relations Board (NLRB) from drastic budget reductions recently proposed by the Trump administration. The NLRB was allocated a budget of $278 million, matching the level of funding it received in 2017.   Prior to the bill’s passage, the NLRB had submitted a budget justification asking for an annualized funding level of $258 million for the remainder…

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23 Mar 2018 Scandal Alert – Ex-UAW Official’s Big Splurging Spree Leads To Another LMRA Indictment

Unions and Union Membership | Keith Brodie

  The federal probe into the illegal use of blue-collar training funds, used to allegedly “keep union leaders fat, dumb, and happy” during the run up to the last round of Chrysler/UAW negotiations, continues to expand. You can see our past coverage on this issue here:   Union Corruption Double Take: The UAW, FCA, Shoes, Shotguns and a Deepening Federal Probe, Union Corruption: UAW and Auto Manufacturer Officials Allegedly Embezzled Millions in Union-Member Funds, FBI…

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22 Mar 2018 Whose Law Is It Anyway? NLRB Dings Company For Actions Related To FLSA (Not NLRA) Lawsuit

National Labor Relations Board | David Pryzbylski

  The National Labor Relations Board (NLRB) raised eye brows in 2015 when it ruled that an individual who filed a collective action claim pursuant to the Fair Labor Standards Act (FLSA) in federal court was engaged in “protected activity” under the National Labor Relations Act (NLRA). The board then rendered a similar ruling last year, again finding that the filing of an FLSA collective action is protected by the NLRA. Notably, the FLSA has…

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