Franchisors recently got a little jolt of confidence that perhaps not every franchise relationship would create a joint employment relationship under the National Labor Relations Board Browning-Ferris Industries, 362 NLRB No 186 decision.
In its first application of the landmark Browning-Ferris decision, the National Labor Relations Board (NLRB) has determined that ACECO, a contractor, was not a joint employer with Green Jobworks, its staffing agency.
Three policies in an employer’s handbook violated Section 8(a)(1) of the National Labor Relations Act, the U.S. Court of Appeals for the District of Columbia Circuit has held, agreeing with the National Labor Relations Board.
On November 13, 2015, the United States Court of Appeals for the District of Columbia Circuit (the “Court”) affirmed a National Labor Relations Board (the “Board”) order requiring a concrete company to reinstate striking workers.
NLRB Considers Whether to Overrule 11-Year Old Precedent Holding That Graduate Students Are Not Employees Under the NLRA
Earlier this month, we posted about a Regional Director’s dismissal of a petition filed by an organizing committee of the United Auto Workers (UAW) seeking to represent various student assistants at Columbia University in New York.
A recent decision by the Ninth Circuit Court of Appeals in NLRB v. Fresh and Easy Neighborhood Market, Inc., Case No. 12-55828 (Nov. 13, 2015), emphasizes the importance of exhausting administrative remedies before the NLRB when challenging subpoenas, even when the subpoena was not properly served.
NLRB Won’t Take “No” for an Answer — Holds Class Action Waiver in Arbitration Agreement Unlawful Despite Two Previous Reversals at the Fifth Circuit
The NLRB has once again held that a mandatory arbitration agreement including a class/collective action waiver violates the National Labor Relations Act.
On November 2, 2015, the National Labor Relations Board (NLRB) released an advisory letter stating that Shore Point Distribution Co. (Shore Point), an alcoholic beverage distributor in New Jersey, did not violate labor laws by failing to negotiate with its employees’ union before installing a GPS tracking device on its employee’s company truck.
The National Labor Relations Board (“NLRB”) got a big boost from the Second Circuit when it issued its decision in Triple Play v. National Labor Relations Board.
The National Labor Relations Board (“NLRB” or the “Board”) Region Five Director (located in Baltimore) was recently asked to decide whether an environmental remediation contractor was a joint employer with its employee staffing firm, in the Green JobWorks LLC case.