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18 May 2018 Employer Handbook Policies Still in the Crosshairs: NLRB Judge Strikes Down Employer’s Moonlighting Policy

In case you thought the NLRB’s December decision in Boeing Co. meant the end of the board’s uber-zealous scrutiny of employer handbook policies – think again. In Boeing Co. the board articulated an apparently less exacting standard for reviewing whether employer policies violate the act, vowing to balance employer justifications for such policies against the alleged imposition on the rights of employees from the maintenance of the policies. However, a recent decision applying the Boeing…

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27 Feb 2018 U.S. Supreme Court to Take Up Independent Contractor Arbitration Case

An important case is on the horizon for those involved in the transportation industry. Yesterday, the Supreme Court agreed to hear the appeal of New Prime, Inc., a transportation company that is asking the Court to overrule the First Circuit and find that an independent contractor’s class action claim should be compelled to arbitration.   Here is the scenario. A truck driver signed an independent contractor agreement as part of the company’s apprentice program –…

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28 Dec 2017 Specialty Healthcare Death Throes Continue

  A week before Christmas employers got an early present when the newly constituted republican majority at the NLRB overruled the “overwhelming community-of-interest” unit configuration union election standard set out in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011).  In PCC Structurals, Inc., 365 NLRB no. 160 (December 15, 2017) the NLRB reset the clock and went back to applying its traditional community-of-interest factors when determining an appropriate unit (the proper…

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27 Dec 2017 The Gifts Keep On Comin’: NLRB GC Memo Signals Favorable Change for Employers in Union Elections

  On Dec. 15, the National Labor Relations Board announced in its PCC Structurals, Inc. decision that it had overruled its infamous Specialty Healthcare precedent and eliminated the “overwhelming community of interest” standard for employers opposing micro-units. According to the NLRB’s press release on PCC Structurals: “The Board has now abandoned the ‘overwhelming’ community-of-interest standard. In today’s decision, the Board stated that ‘here are sound policy reasons for returning to the traditional community-of-interest standard that the…

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15 Dec 2017 NLRB Delivers Early Holiday Gifts to Employers Reverts on Joint Employment, Issues Favorable Personnel Policies Standard

  Holiday gift giving has started early this year thanks to a busy week by the revamped, employer-friendly National Labor Relations Board (NLRB). On Dec. 15, the board handed down two opinions, one overturning a 2004 decision on work rules and handbook policies and the other overruling the infamous Obama-era joint employer standard.   We’ll start with the biggest gift of all: the overturning of Browning-Ferris and the return to a more sensible joint-employer standard….

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03 Aug 2017 “And the Fourth Seat Goes To….” Senate Confirms Nomination of Kaplan to NLRB, Delays Vote on Nomination of Emanuel

    Authored by Steve Hernandez and Minal Khan.   Early on Aug. 2, the Senate approved President Trump’s nomination of Marvin Kaplan to fill a vacant seat on the National Labor Relations Board (NLRB). The Senate approved Kaplan on a close 50-48 vote, which, unsurprisingly, was split along party lines. Kaplan’s confirmation puts the Board closer to attaining what would be the first Republican-led majority in nearly a decade.   Kaplan’s confirmation is welcome…

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