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NLRB Makes it More Difficult to Establish a Perfectly Clear Successor

April 30, 2019

In Ridgewood Health Care Center, Inc.,[1] a 3-1 majority of the Board held that the new owner of a nursing…

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OSHA Rolls Back Obama-Era Injury Reporting Rules

April 18, 2019

Under the Occupational Safety and Health Act[1], employers must provide their workers with worksites free of recognized safety hazards.  To…

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NLRB Reinstates Old Standard, Making it Easier for Employers to Show that Workers are Independent Contractors Exempt from the NLRA

February 15, 2019

Employer misclassification of workers as independent contractors to avoid laws and regulations that protect employees but not independent contractors is…

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Board Limits Definition of “Concerted” under Section 7 of the NLRA

February 1, 2019

Section 7 of the Act gives employees the right to engage in protected “concerted” activities.  Concerted activity includes actions taken…

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Fifth Circuit Upholds OSHA’s Multi-Employer Worksite Policy

December 3, 2018

Recently, in Acosta v. Hensel Phelps Construction Co., the Fifth Circuit overruled itself and upheld the Occupational Safety and Health…

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Board Holds Contract-Bar Rule does not Bar Employer’s Decertification Petition Filed Before the Contract’s Effective Date

November 19, 2018

The contract-bar rule prevents employees or rival unions from filing a petition for an election during the term of a…

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NLRB General Counsel Issues Memo Changing Duty of Fair Representation Standard

October 30, 2018

Peter Robb, the General Counsel for the National Labor Relations Board, issued a memo to the Regional Directors on September…

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Ninth Circuit Suspends Proceedings in Email Cases While the Board Considers Whether to Abandon Obama-Era Ruling Permitting Employees to Use Work Email for Concerted Activity

October 22, 2018

Upon request of the NLRB, on September 25, 2018, the U.S. Court of Appeals for the Ninth Circuit suspended proceedings…

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Board Holds Employer Must Bargain with Union Before Enrolling in DHS E-Verify Program

October 9, 2018

In Ruprecht Co.,[1] the Board held that an employer violated the NLRA by unilaterally enrolling in the E-Verify program without…

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Trump Board Invokes Formal Rulemaking Process to Undo Employee-Friendly Standard on Joint Employer Status

September 30, 2018

When one entity has sufficient control over another entity’s employees, the entities are “joint employers” under the National Labor Relations…

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