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Daily News & Commentary — November 12, 2018

Published November 12th, 2018 -

After winning back the House of Representatives in last Tuesday’s election, House Democrats plan to grill President Trump’s Department of Labor about its policies regarding tipped workers.  In December, the DOL proposed a rule allowing employers who pay tipped... More »

Today’s News & Commentary — July 5, 2018

Published July 5th, 2018 -

This week, attorneys for Browning-Ferris Industries and the Teamsters union argued before a D.C. Circuit panel over whether the panel should continue to review the NLRB’s 2015 decision in Browning-Ferris.  In that case, the Board adopted a loosened “indirect c... More »

Today’s News & Commentary — June 7, 2018

Published June 7th, 2018 -

A new survey by the Pew Research Center finds that over half of Americans view the decline in labor union density negatively, while just over a third see the traditional labor movement’s shrinking membership in a positive light.  The results reflect a partisan... More »

Today’s News & Commentary — May 10, 2018

Published May 10th, 2018 -

Yesterday Senator Bernie Sanders and Representative Mark Pocan introduced a revamped Workplace Democracy Act (WDA), a bill that builds on past efforts at labor law reform such as the Employee Free Choice Act (EFCA) and previous iterations of the WDA.  Like EFC... More »

Today’s News & Commentary — April 26, 2018

Published April 26th, 2018 -

The Arizona teachers strike begins today.  As we previously reported, Arizona Governor Doug Ducey already promised a 20 percent wage increase for teachers by 2020, but his proposal depends on an optimistic economic forecast in future years as he seeks to avoid... More »

Board Vacates Hy-Brand, Raising More Questions

Published February 27th, 2018 -

Yesterday, the National Labor Relations Board vacated its December decision in Hy-Brand Industrial Contractors.  (Ben and Sharon had called for this action in OnLabor last week here and here.)  The Board’s unusual action follows a finding by the Board’s Inspec... More »

Daily News & Commentary — February 27, 2018

Published February 27th, 2018 -

Last week on the blog, we wrote about why the NLRB should withdraw the Hy-Brand decision (here and here)—in short, because a Board member who voted for the result, William Emanuel, should have recused himself (his former law firm represented one of the c... More »

The NLRB Should Withdraw Hy-Brand

Published February 21st, 2018 -

As Bloomberg and Law360 report, the NLRB’s Inspector General (IG) has concluded that Board member William Emanuel should have been recused from Hy-Brand Industrial Contractors – the decision that overruled Browning-Ferris and retreated on the defin... More »

Today’s News & Commentary – February 21, 2018

Published February 21st, 2018 -

An article in Law360 describes the National Labor Relations Board Inspector General’s report on the decision of NLRB Member Bill Emanuel not to recuse himself from Hy-Brand Industrial Contractors Ltd.  This case reversed the joint employer standard established... More »

Today’s News & Commentary – February 8, 2018

Published February 8th, 2018 -

Senators Mitch McConnell and Chuck Schumer reached a bipartisan agreement yesterday evening in the hopes of avoiding another government shutdown.  The deal would raise caps on military and domestic spending and is seen by some as a victory for both sides.  The... More »

A Bad McSettlement

Published January 29th, 2018 -

The NLRB’s General Counsel recently sought a 60-day stay to try to settle unfair labor practice charges filed by the Fight for $15 campaign against McDonald’s and various franchisees as joint employers equally responsible for illegal retaliation. While Board p... More »