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National Labor Relations Board

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The Trump NLRB Just Made Labor Law Even More Toothless

Published April 9th, 2019 -

One of the most widely observed weaknesses in federal labor law is the absence of effective remedies.  Scholars have been writing about this problem for decades, and a Human Rights Watch report issued in 2000 described a “culture of near-impunity” resulting fr... More »

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Your Tax Dollars at Work at the NLRB

Published March 29th, 2019 -

The House Education and Labor Committee recently revealed that the Trump appointees on the NLRB are hiring a private contractor to help review the public comments submitted in response to their proposed joint employer rule.  NLRB Chairman John Ring told the Me... More »

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So Much for the Concern About “Micro-Units”

Published March 7th, 2019 -

When Donald Trump was elected, one of the top priorities for the Chamber of Commerce at the NLRB was to overturn the Specialty Healthcare decision that clarified the test for determining when a union’s proposed bargaining unit must include an additional group ... More »

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NLRB Changes Course on Charter Schools

Published February 22nd, 2019 -

Earlier this month, the National Labor Relations Board announced that it again would wade into the murky waters of whether charter schools are employers under the National Labor Relations Act.  The question that the Board has put before itself this time, howev... More »

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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 »