The National Labor Relations Board recently took the opportunity, in a case dating back to 2011, to update and modernize some of the standard language contained in the remedial notice that the Board requires to be posted as a remedy for unfair labor practices.
In August 2014, by Memorandum OM 14-77, the National Labor relations Board (NLRB) notified its Regional Offices that NLRB agents should take an active role in notifying employees who file unfair labor practice charges of their rights and potential claims under the Fair Labor Standards Act (FLSA) and under the Occupation Safety and Health (OSH) Act.
A Board Majority has used Pressroom Cleaners, 361 NLRB No. 57 (September 30, 2014) to overrule Planned Building Services, 347 NLRB 670 (2006), a decision that had responded to the criticism of various Courts with respect to the remedies imposed by the Board in successorship cases. Members Miscimarra and Johnson filed a lengthy and well-reasoned dissent.
Mistranslation is both innocent and ubiquitous. Mark Twain had fun with the mistranslations of one of his short stories into French.
NLRB Adopts New Test for Independent Contractor Misclassification, Applies It to Find FedEx Drivers Are Employees Who Can Unionize
The NLRB has tossed a new vegetable into the enormous salad of independent contractor misclassification tests. As companies might expect, the new vegetable smells rotten.
The fall-out from the Supreme Court’s recent Noel Canning ruling continues. Last week, the National Labor Relations Board revisited two cases that were brought back to life after the Supreme Court determined that the Board was unlawfully constituted when they were originally decided.
The National Labor Relations Board, with one member dissenting, has issued a decision in which it “refines” the test it uses for determining whether it will find individuals performing services for an employer to be employees, who are covered by the National Labor Relations Act, or independent contractors, who are not.
National Labor Relations Board Administrative Law Judge Arthur Amchan determined this week that a Detroit-area Burger King franchisee violated the National Labor Relations Act by barring off-duty employees from its premises.