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.
Flip-Flops, Not Just For the Beach or Boardwalk: NLRB (Again) Buries Consent Requirement for Bargaining Units with Temps
By: Paul Galligan and Jade M. Gilstrap
Seyfarth Synopsis: Overturning decade old precedent, the Board found that temporary workers supplied by a staffing agency may be included in a bargaining unit with regular employees of a host employer without the consent of both employers. The Board will apply “traditional community of interest” factors in…
NLRB Vastly Expands the Definition of Joint Employer
By: Richard L. Alfred, Marshall B. Babson, Joshua L. Ditelberg, Bradford L. Livingston, Stuart Newman, and Karla E. Sanchez
In a ruling that will affect most business relationships and extends far beyond either labor law or the concept of employment generally, the National Labor Relations Board issued a much awaited…
NLRB Announces Intent To Become Involved In The Commercial Marijuana Business
By: Candice Zee
As employers have been watching the Board issue decision after decision holding common-place employment policies unlawful, consider expanding its jurisdiction to include religious schools, graduate students, student athletes, and try to recreate the “joint employer doctrine,” these employers repeatedly have found themselves wondering: “What are these guys smoking?” We may never…
Home-Care Providers Urge Supreme Court to Reevaluate Union Fair Share Fees for Public Employees
By: Ashley K. Laken, Esq.
On November 22, 2013, a group of home-care providers for Medicaid recipients in Illinois filed their brief in Harris v. Quinn (No. 11-681) in which they urged the U.S. Supreme Court to overturn its precedent allowing union fair share fees to be imposed on public employees.
The Supreme Court…
Supreme Court Solicits The Federal Government’s View On Care Workers’ Challenge To Union Fees
The U.S. Supreme Court on Friday invited the Solicitor General to file an amicus brief expressing the government’s views on whether a state can compel personal care workers to pay fair share fees to a union for representing their interests before state agencies. The Seventh Circuit recently answered this question in…