Treating Employees as Contractors May Violate NLRA

A new Advice Memorandum from the National Labor Relations Board (NLRB) tells us that misclassifying employees as independent contractors may be treated as an unfair labor practice under the National Labor Relations Act. Although this ...

Two NLRB Surprises: T.A.’s Can Unionize and Back Pay Is More Expensive

  • Aug 25, 2016
  • NLRB
  • Grant T. Collins and Dennis J. Merley

The National Labor Relations Board (“NLRB”) has just ruled that graduate and undergraduate students who work as teaching and research assistants at private universities are “employees” under the National Labor Relations Act and therefore can join or ...

No Union? No Matter – Labor Board is After You

  • Jul 21, 2016
  • NLRB
  • Dennis J. Merley

Even if your employees are not unionized, the National Labor Relations Act (NLRA) is a major concern. In fact, now more than ever, the National Labor Relations Board (NLRB), is targeting non-union employers for violating the law’s protections. Union and non-union ...

NLRB Says Temps Can Bargain With Regular Employees

  • Jul 18, 2016
  • NLRB
  • John C. Hauge

The National Labor Relations Board (NLRB) has ruled that collective bargaining units may consist of regular employees (those employed directly by the “User Employer”) and workers performing services at the User Employer’s workplace who are employed ...

Labor Board Clicks “Pause” on No-Recording Policy

Like many companies, Whole Foods Markets had a policy banning employees from taking photos, videos, or other recordings in the workplace. However, the National Labor Relations Board (the “NLRB”) clicked the “pause” button, striking down ...

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