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Google to NLRB: Shut Down Employee Email Access

Published January 30th, 2019 - and

This past November, 20,000 Google employees staged global, rolling walkouts protesting gender and racial discrimination at the company. Employees had been organizing to address these issues for some time when a New York Times article, published in late October... More »

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Trump’s NLRB Thumbs its Nose at the Circuit Courts

Published January 11th, 2019 -

When three Republican appointees on the D.C. Circuit tell the NLRB that its approach to an issue is “without foundation in the Act, relevant case law or any general legal principle,” you might think the Trump appointees on the Board would take heed.  But,... More »

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The NLRB’s Joint Employer Rule Fails its Own Test

Published September 17th, 2018 -

The Trump appointees on the NLRB have proposed a new “joint employer” rule that they claim will foster “predictability and consistency.” But, it is readily apparent that the proposed rule will not accomplish these goals.  The proposed rule will, however, resul... More »

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Joint Employer NPRM: Hy-Brand Returns

Published September 17th, 2018 -

Today, the National Labor Relations Board issued a proposed rule to change its joint employer standard.  The proposed rule is the latest step in the Trump Board’s tortuous path to achieving its goal of replacing the Obama Board’s Browning Ferris Industries dec... More »

 

Weekend News & Commentary — July 14–15, 2018

Published July 15th, 2018 -

The Fifth Circuit recently ruled that the fast-food chain In-N-Out Burger violated the National Labor Relations Act when it prohibited employees from wearing  “fight for 15” buttons at work.  Amanda Healey wore a quarter-sized button in April of 2015, and a co... More »

 

Today’s News & Commentary — June 29, 2018

Published June 29th, 2018 -

In Chicago, the U.S. District Court for the Northern District of Illinois ruled in favor of sandwich  franchise Jimmy John’s, who argued that the company cannot be liable for the FLSA violations of its individual restaurants.  Jimmy John’s may control mayonnai... More »

June 13th, 2018

Today’s News & Commentary — June 13, 2017

Published June 13th, 2018 -

On Monday, a former Tesla employee testified before the NLRB that the company stopped him from union organizing in February of last year.  Michael Sanchez was reportedly asked to leave by security guards after distributing pro-union flyers to co-workers outsid... More »

June 3rd, 2018

Weekend News & Commentary — June 2 – 3, 2018

Published June 3rd, 2018 -

Boeing pursues an NLRB appeal of the unionization vote of a “micro unit” of plant workers in Charleston, South Carolina; before the vote, the NLRB had made an anti-union reversal a little more likely.  As Bloomberg Law reported on Friday, an ethics official fo... More »

 

The Trump NLRB’s Administrative Law Problems

Published May 29th, 2018 -

One week last December, President Trump’s NLRB reversed five significant Board precedents.  It was the end of Board Chairman Phil Miscimarra’s term, and the Trump Administration had taken over less than a year before.  The reversals themselves weren’t surprisi... More »