NLRB Says Beer Dealer’s Refusal-to-Drug-Test Firing Doesn’t Mix with “Weingarten Rights”

Brewing more trouble for workplace drug testing, the National Labor Relations Board has held a New York beer distributor violated the National Labor Relations Act by denying its driver helper, who reported to work with his clothes “reek[ing] of the smell of marijuana” and with “glassy” and “bloodshot” eyes, and was directed to take a drug test immediately despite requesting representation by his union steward, his right to union representation at an “investigatory interview” (the drug test) about his possible substance abuse.

Are Employers Now Responsible for Their Contract Workers?

By | MN Employment Law Report | September 1, 2015
Are Employers Now Responsible for Their Contract Workers?

Maybe so, according to the latest pronouncement of the National Labor Relations Board (NLRB).   In Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015), the NLRB dramatically expanded their definition of “joint employers,” so that businesses may now be responsible for the terms and conditions of employment of their subcontractors, franchisees and temp agencies.

Are You a “joint Employer” with Your Temporary Staff Supplier? the National Labor Relations Board Says “Yes.”

By | Employer Law Report | September 1, 2015
Are You a “joint Employer” with Your Temporary Staff Supplier? the National Labor Relations Board Says “Yes.”

Following a decision last week by the National Labor Relations Board (NLRB), it is likely that all companies that use temporary staff workers will be considered a “joint employer” with the temporary staffing agency if efforts are made by a union to organize the temporary workers.