Published: December 15, 2017

On Thursday, the National Labor Relations Board continued its roll-back of Obama-era initiatives when it issued two landmark decisions just days before Chairman Miscimarra’s term expires on December 16. The first decision, Boeing, established a new standard for evaluating whether facially neutral workplace policies violate the National Labor Relations Act. The second decision, Hy-Brand, overruled the Browning-Ferris standard governing joint-employer liability. Both decisions come as welcome news to employers.

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Published: May 17, 2017

Many employers assume that they have broad authority to control off-duty employee access to employer property. A recent ruling by the National Labor Relations Board (NLRB) may require a second look at “No Loitering” policies.

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Published: May 5, 2017

The National Labor Relations Board ruled last week that a railroad car repair company properly terminated an employee after he hurled numerous obscenities at his supervisor, including telling the supervisor to “f*** you and f*** this job.”  
 

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Published: April 25, 2017

Last week, the Second Circuit held that an employer violated the National Labor Relations Act (“NLRA”) when it fired an employee who had posted a profane and vulgar message on Facebook that insulted a manager and urged colleagues to vote in favor of unionization. The issue was to what extent does the NLRA protect an employee’s comments on social media and at what point is an employee’s conduct so “opprobrious” that he or she loses the protection of the NLRA.

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Published: February 7, 2017

A stalwart of collective bargaining, the union security clause, is under assault by the “National Right to Work Act” (H.R. 785) that Representatives King (R – Iowa) and Wilson (R – South Carolina) introduced in the House on February 1, 2017. Despite the act’s name, this proposed legislation, and its many state analogs, has nothing to do with protecting an employee’s job or ensuring anyone the right to get work.

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Published: January 13, 2017

Today, the U.S. Supreme Court agreed to hear three cases to resolve a split in the Circuits over whether class action waivers in employment arbitration agreements violate the National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) has repeatedly ruled that such waivers are illegal under federal labor law, as they interfere with employees’ right to engage in “concerted activity” under Section 7 of the NLRA, notwithstanding the Supreme Court’s repeated approval of such waivers outside of the labor context.

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Published: September 7, 2016

Today, in Mohamed v. Uber Technologies, Inc., the Ninth Circuit ruled that Uber drivers must arbitrate their labor claims individually, and cannot pursue them as a class.  See Mohamed v. Uber Technologies, Inc., No. 15-16178, 2016 WL 4651409 (Sept. 7, 2016 9th Cir.).  Independent contractor drivers allege that Uber violated the Fair Credit Reporting Act and state statutes by running unauthorized background checks on them.

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Published: August 24, 2016

Reversing more than a decade of precedent, the activist National Labor Relations Board (NLRB) ruled on August 23, 2016 in The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia–GWC, UAW that graduate and undergraduate teaching assistants and graduate research assistants who perform services in connection with their studies at private universities may be statutory employees under the National Labor Relations Act (NLRA).

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