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7 posts

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 »

Today’s News & Commentary — February 9, 2018

Published February 9th, 2018 -

In the first gig economy worker classification case to go to trial, a federal magistrate judge ruled yesterday that a GrubHub worker was an independent contractor under California law.  The decision could have ramifications in suits against other gig companies... More »

Miscimarra’s Parting Shot: Was It a December Massacre?

Published December 19th, 2017 -

In recent years, the end of a National Labor Relations Board member’s term occasioned an odd death watch for controversial precedent.  Last week, Board Chair Phil Miscimarra finished his term with a flurry of big decisions, including five cases that overturned... More »

Today’s News & Commentary — November 8, 2017

Published November 8th, 2017 -

Democrats won the gubernatorial elections in Virginia and New Jersey yesterday.  Ralph Northam will be the new governor of Virginia, and Phil Murphy will be the new governor of New Jersey.  Read more here.  Bill de Blasio was also reelected and will serve a se... More »

Today’s News & Commentary — October 5, 2017

Published October 5th, 2017 -

On Tuesday, a House of Representatives bill to narrow the definition of joint employer passed out of committee in a party-line vote.  The Save Local Business Act would limit employer liability under the National Labor Relations Act and the Fair Labor Standards... More »

Another Phony GOP House Labor Hearing

Published September 28th, 2017 -

A couple of weeks ago, a House Education and the Workforce Subcommittee held a hearing on another bill to dismantle basic workplace protections.  The bill, H.R. 3441, dishonestly labeled the “Save Local Business Act,” could more properly be titled, the “Shield... More »