Federal Employment Law Articles

Labor Law - General

Articles Discussing General Labor Law Topics And The NLRA.

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Union kNOw – November 2018

Jackson Lewis P.C.·

Employees of the National Labor Relations Board (NLRB) have publicly protested a decision by NLRB Chairman John Ring and NLRB General Counsel Peter Robb to reopen labor contracts covering employees’ terms and conditions of employment, according to media reports.

Some Employers Will Have Workplace Rules Re-Evaluated By NLRB

Jackson Lewis P.C.·

The National Labor Relations Board is affording dozens of employers the chance to have cases involving the legality of their workplace rules re-evaluated under a 2017 Board decision. The Board decision overruled Obama-era Board precedent that hampered employers’ ability to maintain workplace conduct

Labor Board Sets New Deadline for Submitting Comments on Proposed Joint-Employer Rulemaking

Jackson Lewis P.C.·

The National Labor Relations Board has extended the deadline for submitting comments regarding its proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act to December 13, 2018.

Unions to Face Greater Scrutiny for Negligent Conduct to Their Members

Jackson Lewis P.C.·

National Labor Relations Board’s field office staff have been directed to prosecute a broader array of cases against unions that engage in negligent behavior toward their members, according to an internal memorandum obtained by Bloomberg BNA.

Top Labor Law Developments for August and September 2018

Jackson Lewis P.C.·

President Donald Trump nominated Mark Gaston Pearce for a third term on the National Labor Relations Board (NLRB) on August 28. Pearce’s nomination came despite widespread criticism from Republicans and business groups who viewed Pearce as having taken an anti-business approach on many issues before

Labor Board Seeks Public Comments on Proposed Rule for Determining Joint-Employer Status

Jackson Lewis P.C.·

The National Labor Relations Board has published a proposed rule outlining a new standard for determining joint-employer status under the National Labor Relations Act. The Board’s decision to use its rulemaking authority — rather than fact-specific decisional law — could provide employers the clarit

Proposed Joint-Employer Rule Would Reverse NLRB's Controversial Browning-Ferris Case and Restore "Substantial Direct and Immediate Control" Standard

Littler·

The National Labor Relations Board (the NLRB or Board) has issued a proposed rule revising the test for whether two employers are considered “joint employers” under the National Labor Relations Act (NLRA). The proposed rule, scheduled to be published in the Federal Register on September 14, 2018, is

NLRB’s Proposed Rule Adopts Pre-Browning-Ferris Joint-Employer Standard

Jackson Lewis P.C.·

The National Labor Relations Board has announced that it will publish a “Notice of Proposed Rulemaking” in the Federal Register regarding its joint-employer standard. The notice will be published on Friday, September 14. The proposed rule will adopt the pre-Browning-Ferris standard for determining i

NLRB Invalidates Voluntary Severance Agreements, Orders Reinstatement and Full Back Pay

Jackson Lewis P.C.·

The National Labor Relations Board has upheld an Administrative Law Judge’s decision to invalidate 11 severance agreements that provided payments to employees laid off shortly after an election in violation of the National Labor Relations Act. The 11 individuals were awarded full reinstatement and b

Top Five Labor Law Developments for July 2018

Jackson Lewis P.C.·

Business lobbyists reportedly are urging the Trump Administration to not re-nominate National Labor Relations Board (NLRB) Member Mark Gaston Pearce (D) for a third term. Pearce’s term at the five-member Board is scheduled to expire on August 27, 2018. Pearce has drawn the ire of business groups for

NLRB GC Institutes Changes to Certain Decision-Making Processes

Jackson Lewis P.C.·

The National Labor Relations Board’s General Counsel’s office has issued an internal Memorandum (“Changes to Case Processing Part 1”) to all regional directors, officers-in-charge, and resident officers announcing immediate enactment of case processing changes.

Rest in Peace, Persuader Rule: The DOL Rolls Back Labor Relations Reporting Requirements

Maynard Nexsen·

Earlier this month, the U.S. Department of Labor (DOL) handed employers a win, announcing that it was giving the notorious 2016 “Persuader Rule” the axe. The rule had delineated the bounds of an advice exception under the Labor-Management Reporting and Disclosure Act (LMRDA) and imposed additional r

Top Five Labor Law Developments for June 2018

Jackson Lewis P.C.·

Public sector employees who are non-members of a union cannot be legally required to pay agency or “fair share” fees as a condition of employment, the U.S. Supreme Court has held in a 5-4 ruling. Janus v. AFSCME Council 31, No. 16-1466 (June 27, 2018).

Top Five Labor Law Developments for May 2018

Jackson Lewis P.C.·

The U.S. Supreme Court has ruled that class action waivers in employment arbitration agreements do not violate federal law. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300; National Labor Relations Board v. Murphy Oil USA, Inc., et al., No. 16-307 (May

Labor Board Considers Joint Employer Standard Rulemaking

Jackson Lewis P.C.·

The National Labor Relations Board has begun the process to consider rulemaking to establish a standard for determining joint employer status under the National Labor Relations Act, according to the Board’s filing in the Unified Agenda of Federal Regulatory and Deregulatory Actions.

Top Five Labor Law Developments for April 2018

Jackson Lewis P.C.·

The U.S. Senate confirmed John Ring’s nomination to the National Labor Relations Board (NLRB) on April 11. Shortly thereafter, President Donald Trump named Ring as Board Chairman.

union kNOw – May 2018

Jackson Lewis P.C.·

The Don’ts of IBEW Local’s Dues Policy IBEW Local 58’s policy requiring union members who want to resign their membership in the union or opt out of dues deduction to appear in person at Local 58’s union hall with a picture identification and a written request indicating the member’s intent violates

Charter Schools Covered by NLRA? Not in Texas

Jackson Lewis P.C.·

The U.S. has more than 6,000 charter schools. They are authorized in almost every state. While state laws vary, their purpose is the same: to permit alternatives to traditional public schools, unbound by local school districts or district-wide collective bargaining agreements that can stifle innovat

Trump: Winning Over Union Leaders

Jackson Lewis P.C.·

In a speech advertised as addressing the country’s infrastructure woes, and his $1.5-trillion plan for a fix, President Donald Trump reportedly told the crowd that he thought he was winning over union leaders.

Senate Vote on Labor Board Nominee Ring Scheduled

Jackson Lewis P.C.·

Floor consideration of the nomination of Republican John Ring to be a member of the National Labor Relations Board is scheduled to take place in the Senate on April 9.