The NLRB has overruled Browning Ferris and returned to its previous standard for determining joint employer status. For more information, see our Management Alert here.
GC Memorandum 18-02 Suggests a More Sane Approach to Independent Contractors
By: Tiffany T. Tran, Esq. and Timothy M. Hoppe, Esq
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration. Our blog is exploring a different
THE BIG(ger) BA(rgaini)NG THEORY
By: Bradford L. Livingston, Esq.
In yet another significant decision overturning a controversial Obama-era ruling, the NLRB has reverted to its prior standards in determining what will be an appropriate bargaining unit for union organizing and bargaining. PCC Structurals, Inc., 365 NLRB No. 160 (December 15, 2017). Just a day before his term on
NLRB General Counsel Rescinds Controversial Memo Regarding Section 7 Rights of University Faculty, Student Assistants, and Student-Athletes
By: Robert A. Fisher, Esq., Jeffrey A. Berman, Esq., and Mary Kay Klimesh, Esq.
Seyfarth Synopsis: On December 1, 2017, the newly-confirmed General Counsel of the National Relations Board, Peter Robb, issued a memorandum to the NLRB regional offices listing legal issues that should be submitted for review to the Division of Advice prior to
Year-End News From The NLRB’s General Counsel
By: Brian Stolzenbach, Esq.
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration, which our blog will be exploring over the next three weeks.
In keeping
Board Blows the Whistle on Independent Contractor Status for NBA Video Production Crew
By: Seyfarth Synopsis: With the NBA season opener just over a month away, at least one team could be getting an unexpected influx of free agents. In Minnesota Timberwolves Basketball, LP, 365 NLRB No. 124 (2017), the Board recently held that the production crew responsible for operating the Timberwolves’
DOL Issues Notice of Proposed Rulemaking to Rescind Obama Administration’s Final Persuader Rule
By: Seyfarth Synopsis: Trump Administration DOL issues notice of proposed rulemaking to rescind Obama Administration DOL’s long-embattled final persuader rule. The proposed rule is open for public comments for 60 days.
Last year, we reported extensively on the Department of Labor’s final persuader rule, which was scheduled to take effect on July
To Search A Supervisor’s Phone Or To Not Search A Supervisor’s Phone? That Is The Question
By: Andrew R. Cockroft, Esq.
Seyfarth Synopsis: On June 7, 2017, the Board held that in order to comply with the Board’s Election Rules, an employer may need to search the phones of supervisors to identify the phone numbers of eligible voters, even if said supervisors have not been deemed “supervisors” within the meaning of
Court Upholds ULP Finding Against Employer Despite Union “Gamesmanship”
By: Seyfarth Synopsis: A recent federal appeals court decision makes it even more difficult for an employer to withdraw recognition from a union that has lost majority support. Employers need to be aware of the possibility of union “gamesmanship” when deciding how to proceed.
An employer that withdraws recognition from
Federal Legislators Tell NLRB GC Griffin to Rescind His Education Report or Step Aside
By: Marjorie C. Soto, Esq., Jeffrey A. Berman, Esq., and Mary Kay Klimesh, Esq.
Seyfarth Synopsis: Congressional Committee Head Virginia Foxx (R-NC) and Subcommittee Chair Tim Walberg (R-MI) ask NLRB General Counsel Griffin to either immediately rescind his January 31 report regarding the purported rights of faculty, students and scholarship athletes, or “step aside