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13 posts

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 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 »

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 »

Alternative Facts at the NLRB

Published March 28th, 2018 -

Peter Robb, the NLRB General Counsel appointed by President Trump, has a change agenda for the agency.  He recently took two actions that have garnered a great deal of attention among Board watchers.  His announcements regarding a significant reorganization of... More »

Today’s News & Commentary — March 22, 2018

Published March 22nd, 2018 -

Despite its recent reversal of December’s Hy-Brand decision, the National Labor Relations Board is pushing forward with attempts to settle a case against McDonald’s which could have significant implications for joint-employer liability if allowed to go to tria... More »

Daily News & Commentary—March 13, 2018

Published March 13th, 2018 -

Last Friday, respondents filed a motion for reconsideration in the Hy-Brand case.  As we’ve covered (here and here), the NLRB vacated its decision in Hy-Brand (thus restoring the Obama-era joint-employer standard) because a Board member had a conflict of... 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 . . . AND!

Published February 22nd, 2018 -

To start, I completely agree with everything Ben wrote about the need for the NLRB to withdraw the Hy-Brand decision because of Member Bill Emanuel’s improper participation in the decisionmaking process.  My only departure is that I don’t think Ben’s call for ... 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 »