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Labor Law

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National Labor Relations Board Modifies Independent Contractor Standard

  • Jun 15, 2023
  • Labor Law
  • David Richie

Earlier this week, the National Labor Relations Board (NLRB) issued a decision in The Atlanta Opera, Inc., 372 NLRB No. 95 (2023), modifying its approach for assessing whether workers are employees covered by the National ...

Labor Board Expands Protections for Workplace Misconduct, **#@@!

  • May 5, 2023
  • Labor Law
  • Grant T. Collins

Earlier this week, the National Labor Relations Board (NLRB) issued a decision in Lion Elastomers LLC, 372 NLRB No. 83 (2023), which revived the “setting-specific standards” for determining whether an employee lost the protection of ...

Labor Board Attacks Confidentiality and Non-Disparagement Provisions in Separation Agreements

  • Feb 24, 2023
  • Labor Law
  • Grant T. Collins

Earlier this week, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023), finding that confidentiality and non-disparagement clauses in a departing employee’s ...

NLRB Resurrects the “Micro-Unit”; Increased Union Organizing Likely to Follow

  • Dec 16, 2022
  • Labor Law
  • Grant T. Collins

This week, the National Labor Relations Board (NLRB) reinstated its 2011 decision allowing unions to form smaller bargaining units by organizing smaller portions of an employer’s business.  These small bargaining units – also called “micro-units” ...

NLRB Expands Make-Whole Relief to Include Direct or Foreseeable Damages

  • Dec 14, 2022
  • Labor Law
  • David Richie

On Tuesday, the National Labor Relations Board (the “Board”) issued a decision holding that, when its standard remedy for a respondent’s unfair labor practices includes an order for “make-whole relief,” the remedy shall order respondents ...

NLRB Looks to Revamp Electronic Monitoring Restrictions in Union and Non-Union Workplaces

  • Nov 10, 2022
  • Labor Law
  • Grant T. Collins

Last week, the top lawyer at the National Labor Relations Board (“NLRB”) announced that her agency would be targeting workplace surveillance, electronic monitoring, and automated management practices for unfair labor practices under the National Labor ...

NLRB Rules that Dues Checkoff Provisions Survive CBA Expiration

  • Oct 4, 2022
  • Labor Law
  • Grant T. Collins

In a decision released on September 30, the NLRB held in Valley Hospital Medical Center, Inc., 371 NLRB No. 160 (2022) that employers are prohibited by Section 8(d) and 8(a)(5) of the National Labor Relations ...

NLRB Orders Hearing in Dispute Over Worker’s Signature in Mail-In Union Election

  • Jun 30, 2021
  • Labor Law
  • David Richie

In a recent decision, the National Labor Relations Board ruled that a hearing must be held to resolve legitimate questions regarding the authenticity of a worker’s signature on what could be the deciding vote in ...

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