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BT Labor Relations - Current News and Practical Analysis
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22 Mar 2018 Whose Law Is It Anyway? NLRB Dings Company For Actions Related To FLSA (Not NLRA) Lawsuit

  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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16 Mar 2018 Another Redo At The NLRB Because Of Conflicts of Interest?

Last month the National Labor Relations Board (NLRB) made headlines when it vacated a decision from December 2017– the Hy-Brand case – that overruled its infamous Browning-Ferris decision regarding joint-employment under the National Labor Relations Act (NLRA). That action reinstated the more lax standard under Browning-Ferris for finding joint-employment. The board ruled that current Member Emanuel should not have participated in Hy-Brand in light of the fact that his former law firm was involved in…

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13 Mar 2018 Full Disclosure: Hospital Forced To Give Union Confidential Business Information

  The dreaded information request. Unionized companies generally have a duty to provide unions with “relevant” information upon request under the National Labor Relations Act (NLRA), and the National Labor Relations Board (NLRB) – at least under the prior administration – has taken an expansive view of the types of information a company must provide to a union. A new case demonstrates that this is still an area where employers can get tripped up –…

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07 Mar 2018 Does Labor Law Protect Employees Engaged In Harassment?

  Employers across the U.S. have been moving swiftly to prevent and eradicate harassment in the workplace since the advent of the #metoo movement last year. While in many instances terminating employees engaged in “harassing” behavior can be an easy decision, the National Labor Relations Board (NLRB) has, in the past, forced employers to reinstate employees discharged for misconduct that potentially constituted unlawful harassment under federal employment laws, such as Title VII of the Civil…

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06 Mar 2018 Justified: Labor Board Upholds Discharge Of Employee Who Misused Company Security Passcode

  Employee discharge decisions often form the basis for disputes – whether they arise in court or before administrative agencies. Such decisions routinely are challenged by unions before the National Labor Relations Board (NLRB), and the agency has overturned terminations and reinstated workers in situations even where egregious misconduct was at issue. A recent case shows, however, there are limits on an employee’s ability to engage in misconduct even when activity potentially protected by the…

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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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26 Feb 2018 Oh no! It’s Back: NLRB’s Browning-Ferris Decision Reinstated

In a huge development, on Feb. 26, 2018, the National Labor Relations Board (NLRB) announced that it is reinstating its infamous 2015 Browning-Ferris decision regarding “joint-employers” under the National Labor Relations Act (NLRA). The NLRB made headlines at the end of last year when it overruled Browning-Ferris – a decision that made it significantly easier for two or more companies to be found “joint-employers.” The board did so in a case involving the company Hy-Brand…

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19 Feb 2018 Does Misclassifying Employees As Independent Contractors Violate Labor Law?

  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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16 Feb 2018 Prior Administration Board Decisions Still Matter

  There has been a great deal of discussion and internet content over the impact that a new and fully constituted NLRB could have on critical labor issues – and for good reason.   The Board in the last several years handed down multiple decisions on key issues that turned decades of precedent on its head.  It only makes sense that a more “pro-employer” trend due to the changes in administration would have companies excited at…

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07 Feb 2018 Can You Require Employees To Keep Harassment And Other Workplace Investigations “Confidential”?

  The wave of harassment claims sweeping the nation recently has spawned countless workplace investigations. But can companies require employees to keep such investigations “confidential” (i.e., direct employees to refrain from discussing an investigation while its ongoing)? The National Labor Relations Board (NLRB), unfortunately, has placed limits on employers’ – both union and non-union alike – ability to do so.   Specifically, in a 2015 decision – Banner Health System, 362 NLRB No. 137 (June…

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