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BT Labor Relations - Current News and Practical Analysis
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16 Apr 2018 Musical Chairs: Ring Named Chairman of the NLRB

After being confirmed by the Senate as the newest National Labor Relations Board (NLRB) member last week, John Ring now has been appointed the agency’s chairman by President Trump.   The NLRB announced in a press release on April 16, “John F. Ring was sworn in today as Chairman of the National Labor Relations Board (NLRB) for a term ending on December 16, 2022. He succeeds Philip A. Miscimarra, who served on the Board from…

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

  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”

  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

  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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26 Mar 2018 NLRB Avoids Drastic Budget Cut

  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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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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14 Mar 2018 NLRB Extends Deadline for Public Feedback on Potential Changes to Its ‘Ambush Election Rule’ – Again

On March 14, the National Labor Relations Board (NLRB) announced that it is extending the deadline for public feedback on potential changes to its “ambush election rule” to April 18. This follows an announcement by the agency on Jan. 26 that it was extending the comment period to March 19 from the original deadline of Feb. 12.   The NLRB announced on Dec. 12 that it was seeking input from the public regarding the NLRB’s…

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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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