On August 1, 2018 the National Labor Relations Board invited interested parties to file briefs on whether the Board should adhere to, modify, or overrule Purple Communications – a case (decided by the Obama Board) that held employees who had been given access to their...

On July 26, 2018 the California Supreme Court ruled that the Federal Fair Labor Standard Act’s de minimus Doctrine does not apply to claims for unpaid wages under the California Labor Code.  The de minimus doctrine is an application of the maxim de minimus no...

December 20, 2017

On December 15, 2017, in a 3 to 2 decision, the National Labor Relations Board overruled its 2016 DuPont case, which had ruled that an Employer violated the National Labor Relations Act by not bargaining with a union over a change that was totally consistent with a lon...

December 19, 2017

In a 3 to 2 decision, the National Labor Relations Board has overruled the controversial Specialty Healthcare decision of 2011. The Board has reinstated the traditional “community of interest” standard for determining whether a bargaining unit sought by a union is appr...

December 15, 2017

What a difference a Management majority on the National Labor Relations Board makes! In a 3 to 2 decision involving The Boeing Company, the Board, under the leadership of Chairman Philip A. Miscimarra, overruled prior precedent that governed whether facially neutral wo...

December 15, 2017

More good news from the National Labor Relations Board! In a 3 to 2 decision, the NLRB has overruled its 2015 decision in Browning Ferris, which previously made it much easier for unions to prove “Joint Employer” status.
 

Under the reinstated standard, there must be pr...

December 12, 2017

NLRB Chairman Philip A. Miscimarra and new Board Members Marvin E. Kaplan and William J. Emanuel have approved the publication of a Request for Information in the Federal Register asking for public input regarding the NLRB’s 2014 “Quickie Election” Rule. This press rel...

November 8, 2017

Great news for Management! On November 8, 2017, by a vote of 49 to 46, the U.S. Senate confirmed President Trump’s nomination of Peter Robb to be the new General Counsel of the National Labor Relations Board. Robb, a Management-side labor attorney from Vermont, has bee...

November 1, 2017

In a surprising and disappointing move, U.S. Secretary of Labor Alexander Acosta has decided to appeal U.S. District Court Judge Amos Mazzant’s decision on the merits that the U.S. Department of Labor’s Overtime Rule is unlawful. Secretary Acosta filed a notice to appe...

We have been writing for months about the never-ending saga of legislative attempts to remove from North Carolina law a provision in the Workers’ Compensation law that presumes newspaper carriers are independent contractors. This presumption has been very valuable sinc...

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