Labor Board Proceedings and Practice

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The National Labor Relations Board (NLRB) has dropped its appeal of a Texas federal judge’s order striking down its new, expansive joint employer rule.  As readers may recall, late last year the NLRB issued a rule broadening the definition of joint employer, which would have significantly increased the number of entities that may be deemed joint employers and thus share responsibility for complying with the National Labor Relations Act. Continue Reading NLRB Withdraws Appeal of Joint Employer Rule

We previously posted here regarding a July 1, 2024, increase in the salary threshold for overtime exemptions under the Fair Labor Standards Act (FLSA). Despite multiple legal challenges to the Department of Labor’s 2024 Rule, most of which remain pending, the 2024 Rule is now in effect for all private employers.  Continue Reading Are You in Compliance with the New FLSA Salary Threshold?

On June 28, the U.S. Supreme Court overturned the landmark Chevron decision, which had required courts to uphold a federal agency’s interpretation of a statute as long as it was reasonable. Now, courts are required to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency’s interpretation of the law simply because a statute is ambiguous. Continue Reading Supreme Court Overturns Landmark Chevron Decision: Expect Impact on Employment Decisions

NOTE: This post was originally written October 31, 2023, and was updated on December 12, 2023.

The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, the NLRB recently voted to delay by 2 months and is now set to go into effect on February 26, 2024, drastically broadens the scope of who can be considered a joint employer under the NLRA.Continue Reading NLRB Issues New Rule Broadening Joint-Employer Status

The National Labor Relations Board (NLRB) recently issued a decision radically changing how employers may use (or, more accurately, not use) nondisparagement and confidentiality clauses in severance agreements.Continue Reading NLRB Rules that Confidentiality and Nondisparagement Provisions in Severance Agreements Presented to Section 7 Employees are Unlawful

The National Labor Relations Board (NLRB or Board) recently announced it was changing course on whether students should be considered employees and therefore can unionize. This change of course returns to previous Board precedent from case law that graduate students, and perhaps any students employed for pay, can be considered employees. This change of course…

Can language in the workplace, even if uttered during otherwise protected conduct, lose its “protected” status under the National Labor Relations Act (NLRA) because the language is too offensive?  The answer is, generally, yes.

Prior NLRB Rulings Protected Offensive Language

However, in several rulings, the Obama-era National Labor Relations Board (NLRB) ruled that certain speech, which was patently offensive, nonetheless retained its protected status.  On September 5, 2019, the current NLRB invited briefs on the proper legal standard for when extremely profane or offensive language loses its protection.Continue Reading NLRB Seeks Public Comment on Offensive Language in the Workplace

In an article published earlier this year, I asked the question whether the National Labor Relations Act (NLRA) protects racist insults.  In a decision rendered on August 8, 2017, a majority of an Eighth Circuit panel, over a vigorous dissent, answered “Yes” – that the NLRA does protect racist insults by a picketing worker.
Continue Reading 8th Circuit Panel Rules NLRA Protects Picketing Employee’s Racist Remarks

On Thursday, January 26, President Trump named Republican Phillip Miscimarra as acting Chairman of the National Labor Relations Board (the Board). Miscimarra was the sole remaining Republican on the Board, along with two Democrats – all of whom had been appointed by President Obama. Miscimarra takes over the chairmanship from Mark Gaston Pearce. Miscimarra has a background as a member of several management-oriented labor and employment law and general practice firms. The Board currently has two vacancies which President Trump will be filling in the coming months, along with the position of general counsel. The term of the current general counsel expires later this year.
Continue Reading A Step in the Right Direction

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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