Tag archives: NLRA

US employment law considerations for COVID-19 coronavirus

COVID-19, the 2019 novel coronavirus (“COVID-19” or the “coronavirus”) is naturally on the minds of US employers as the number of cases in the US continues to rise. Although the Centers for Disease Control is still advising that most people in the US have a low immediate risk of exposure, that could change and employers are well advised to consider some basic questions that could arise in the future. We pose and answer some of those basic questions in our article US employers must consider multiple legal requirements when addressing coronavirus concerns. Remember that individual situations can vary and … Continue Reading

Time to update your employee handbook

For many employers, the arduous task of reviewing and revising an employee handbook may occur as infrequently as every leap year, or worse, only after a law suit has been filed. However, recent decisions by the National Labor Relations Board (Board) should cause employers to take a much closer look at their employee policies and the frequency with which they update them.  Technological advances and changes have created new arenas for protected “concerted activity” under Section 7 of the National Labor Relations Act (Act) and have caused the Board to take a closer look at employer policies that may violate … Continue Reading

Ninth Circuit adds to circuit split regarding enforceability of class action waivers

On August 22, 2016, the U.S. Court of Appeals for the Ninth Circuit joined the Seventh Circuit in finding that an employer violates the National Labor Relations Act (“NLRA”) by requiring employees to sign an agreement including a class arbitration waiver.

In Morris v. Ernst & Young, plaintiffs were required to sign “concerted action waivers” as a condition of their employment.  The “concerted action waiver” required employees to (1) pursue legal claims against Ernst & Young exclusively through arbitration and (2) arbitrate only as individuals and in “separate proceedings.”

Plaintiffs argued that the “separate proceedings” clause contravened three federal … Continue Reading

NLRB allows student assistants to form union

In the much anticipated Columbia University decision, the National Labor Relations Board reversed its most recent precedent and held that student teaching assistants at private colleges and universities are statutory employees under the National Labor Relations Act and may therefore vote to form a union.  This decision is a return to an earlier decision by the Board which overturned a decade-old standard of viewing student teaching assistants as students rather than a part of the teaching faculty.  This decision is sure to invite a rush of union organizing efforts at private universities and colleges across the country.

The Board’s decision … Continue Reading

You are not the boss of me…or ARE you?

On August 27, 2015 the National Labor Relations Board (NLRB), in a high-impact, 3-2 decision along party lines, handed labor unions a significant advantage in their enforcement of collective bargaining laws by significantly modifying its longstanding “joint employer” standard. The ruling will surely leave countless businesses potentially liable for violations of labor laws committed by their subcontractors and franchisees.

The NLRB’s decision in Browning-Ferris Industries of California, Inc. explored the question of whether Browning-Ferris Industries (BFI) was a “joint employer” with Leadpoint, a staffing services company, in a union representation election covering Leadpoint’s employees who were placed with BFI on … Continue Reading

NLRB passes on football players’ employee status

On August 17, 2015, the National Labor Relations Board (NLRB) declined to assert jurisdiction to determine whether the Northwestern University (Northwestern) scholarship football players should be considered employees under the National Labor Relations Act (NLRA).

In April, we reported that the Regional Director of Region 13 of the NLRB found that scholarship football players from Northwestern University (Northwestern) were “employees” under Section 2(3) of the National Labor Relations Act (NLRA), and he ordered an election so that eligible football players could vote on collective bargaining representation by the College Athletes Players Association (CAPA). Northwestern appealed, and just this week, the Continue Reading

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