For the previous 8 years, employers had to get used to a “new normal”. The Obama-era NLRB issued a number of rulings turning established precedents on their collective head. In particular, many employers felt the previous Board had started putting them at the mercy of unions. Then last month, the NLRB issued decisions that once […]
The NLRB Now Says You Might Not Have to Scrap All Your Employee Handbook Policies…
You remember hearing in the last several years that the NLRB was striking down many policies in Employee Handbooks that were cornerstone employment practices? (If you don’t, read my previous posts about it here, here and here.) In my last post, I talked about the NLRB’s new-old joint employment test. You can find that here […]
The NLRB’s About-Face (Again) on Joint Employment
The NLRB handed down four decisions last week that should come as welcome news to employers after the last several years. We’ll look at one of them this week and the rest of them over the next week or two. For those of you who are new to employment law, the National Labor Relations Board’s […]
Is the DOL Now Going “Soft” on Joint Employers and Worker Classification?
In the past few years, under the Obama Administration we saw the definitions of “joint employment” and “employee” expand. In its Administrative Interpretation 2016-01 issued in January 2016, the DOL took the position that “[t]he concept of joint employment, like employment generally, should be defined expansively under the FLSA and MSPA.” It also differentiated between “horizontal” joint […]
Should You Say Good Bye to Arbitration Agreements and Recording Bans?
Do you prohibit recordings in the workplace? Do you make your employees consent to binding arbitration to resolve all disputes? I’ve posted here and here about mandatory arbitration agreements. You may already know that the NLRB says that arbitration agreements may violate the NLRA. You may also know that the NLRB says that a ban on […]