Published: January 31, 2018

The National Labor Relations Board (“NLRB”) is reconsidering the future of 29 C.F.R. 101, 102, commonly referred to as the “2014 Election Rule,” “Ambush Election Rule,” or “Quickie Election Rule.”

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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: August 23, 2017

In 1975, the U.S. Supreme Court in the case NLRB v. Weingarten, established the rule that union members have the right to have a union representative present at an interview or meeting that could lead to disciplinary action against the employee. Last Friday, a panel of the U.S.

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Published: July 13, 2017

On July 3, 2017, the Eighth Circuit overturned a National Labor Relations Board (the “Board”) decision finding that a Jimmy John’s franchisee, MikLin Enterprises, Inc. (“MikLin”) violated the National Labor Relations Act (“NLRA”) when it discharged and disciplined employees who publicly distributed posters suggesting that consumers may become sick from eating sandwiches made by sick workers. The posters, which were distributed during a union organizing drive, were part of a campaign to demand paid sick leave.

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Published: June 2, 2017

In a recent appeal before the United States Sixth Circuit, the Court weighed in on an increasingly controversial issue: Whether employers can require employees to agree to a mandatory arbitration provision that requires individual arbitration of employment-related claims, thus forbidding class actions or claims otherwise joined with the claims of others.  According to the Sixth Circuit, they may not.
 

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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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