Tag archives: NLRB

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 … 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 … 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 … 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 … Continue reading

The New School graduate students seek review of dismissal of petition

In a decision issued on February 6, 2015 the Regional Director of the National Labor Relations Board, Region 2, dismissed a petition for union representation with The New School filed by a putative labor organization, Student Employees at The New School (SENS), which is affiliated with the UAW. SENS filed its petition for recognition as … 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 … Continue reading

Who’s reading your email? Purple Communications and fighting the urge to cyber-spy

This month, a divided National Labor Relations Board held in Purple Communications, Inc. that employees have the right to use their employer-provided business email accounts for non-work purposes during non-work hours. In doing so, the Board reversed a 2007 precedent equating email with any other employer-owned property—seeing email as not much more than a real-life … Continue reading

Are scholarship football players employees? NLRB to hear appeal and take comments

Earlier this year, the Regional Director of Region 13 of the NLRB found that scholarship football players at Northwestern University are “employees” under Section 2(3) of the National Labor Relations Act. Northwestern University v. College Athletes Players Association, Case 13-RC-121359 (N.L.R.B. Mar. 26, 2014). The Regional Director’s decision turned largely on the amount of control … Continue reading
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