Archives: NLRA

The NLRB Signals It Is Time To Review Employee Handbooks – Again

“I’ll be back,” as famously stated by Arnold Schwarzenegger in “The Terminator,” likely applies to the National Labor Relations Board’s (NLRB) prior, less-employer-friendly test for examining workplace policies and procedures. Earlier this month, the NLRB invited public briefing on whether it should adopt a new legal standard when evaluating the lawfulness of employer rules. In … Continue Reading

Another One Bites the Dust? NLRB Request for Briefing on Independent Contractor Standard Suggests Another Trump-Era Decision Is About To Be Overruled

By Todd Dawson and Christian White on January 11, 2022 Posted in NLRA, NLRB

Weeks after inviting public briefing on a potential change in the standard for determining the appropriateness of proposed bargaining units (discussed here), the National Labor Relations Board (NLRB) has again invited briefing in a pending case involving the standard for determining whether workers are properly classified as independent contractors under the National Labor Relations Act. … Continue Reading

Spoiler Alert: The NLRB Is Poised to Dramatically Rework Its Joint Employer Standard

By Christian White and Todd Dawson on November 11, 2021 Posted in Joint employer standard, NLRA, NLRB

When I was a kid, it was a thrill (and, yes, it still is today) to watch all the movie trailers before the main feature. Unfortunately, some of those trailers actually spoiled the movie they were previewing (thinking of you, Kingsman: The Golden Circle). Well, the National Labor Relations Board (NLRB or the Board) has … Continue Reading

Through the Looking Glass, Part 2: What Does ‘Protected Concerted Activity’ Look Like?

By Christian White and Todd Dawson on November 4, 2021 Posted in NLRA, NLRB, Wage and Hour

As explained in a prior post, the National Labor Relations Act (NLRA) gives employees the right to engage in “protected concerted activity” when such activity is intended to improve their wages, benefits and working conditions. We also discussed NLRB General Counsel Jennifer Abruzzo’s intention to expand what falls within the definition of “working conditions” in … Continue Reading

The Continuing Adventures of the Congressional Reconciliation Package: NLRA Civil Penalties Trimmed in Latest Version of Legislation

By Todd Dawson and Christian White on October 29, 2021 Posted in NLRA

For a bit of a pleasant change, there’s some positive labor relations news for employers on the legislative front. But it’s not exactly rainbows and unicorns. As we explained previously, Democrats in the U.S. House of Representatives included provisions in their original reconciliation spending package that would have amended the National Labor Relations Act to … Continue Reading

Through The Looking Glass: The NLRB Seeks To Expand The Concept Of ‘Protected Concerted Activity’ Beyond Its Imaginable Limits

By Christian White and Todd Dawson on October 14, 2021 Posted in NLRA, NLRB, Wage and Hour

Since the passage of the National Labor Relations Act (NLRA) in 1936, employees have possessed a right to engage in “protected concerted activity,” meaning they have the right to discuss workplace concerns and take action for mutual aid or protection. Indeed, the National Labor Relations Board’s (NLRB or the Board) website explicitly informs employees that … Continue Reading