Last Tuesday, the National Labor Relations Board (NLRB) published an anticipated Proposed Rule on joint employer status. The Proposed Rule, which is designed to apply for all purposes under the National Labor Relations Act (NLRA), including both union representation and unfair labor practice contexts, is important to businesses that rely on labor supplied by a

Employees Miffed by Your Monitoring of Company Devices? Give Notice Now to Hopefully Avoid Annoyance LaterWe’ve talked about social media policies several times over the years, but it’s been a while since we’ve discussed monitoring your employees’ work phones, emails, and internet usage. As you most likely know, you can and probably should monitor employees’ work phones, emails, and internet usage. You never know when someone outside the business will

President Biden Proclaims His Administration’s Policy to Encourage Worker Organizing and Collective BargainingPresident Biden issued his executive order on “Worker Organizing and Empowerment” on April 26, 2021. In it, he stated that “it is the policy of my Administration to encourage worker organizing and collective bargaining.” In the EO, President Biden noted that while the National Labor Relations Act states that it is the policy of the

Weeding Out Claims by Agricultural Workers – The NLRA, the Agricultural Exemption, and the Cannabis IndustryIn a recent Advice Response Memo, the National Labor Relations Board (NLRB) indicated that employees of a cannabis growing operation were exempt from the National Labor Relations Act (NLRA), meaning that the employees were not entitled to the NLRA’s protections. The employees had alleged that the cannabis operation interfered with their attempts to unionize,

Put ‘Em All Back in There: Federal Court Injunction Halts an Alleged Runaway ShopAlthough most employers don’t want a union in their workplace, the National Labor Relations Act (NLRA) is clear: You cannot interfere with union organizing efforts. A federal district court in Kentucky recently followed this rule and ordered a company to reopen a shuttered facility and rehire the workers affected by the closure. In NLRB v.

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About ItDo you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace. In times of contention, stress, and uncertainty, speech often multiplies, and, in an era where someone’s speech

Political Speech, Conduct & Activity in the Workplace Amid A Social Justice MovementTraditionally, it has been taboo to discuss religion, politics, or divisive matters of public concern in the workplace. Most employers want the worksite to be about work and want to avoid controversial and potentially offensive discourse. However, in the current political climate, amid a global health pandemic, and the movement for social justice gaining unprecedented

National Labor Relations Board Reverses Another Obama-Era  Labor Board Ruling and Reinstates Historical Deferral DoctrineThe National Labor Relations Board in recent weeks has continued to overturn Board decisions from President Obama’s administration. In United Parcel Service, Inc., the current Republican-controlled Board returned to a long-standing legal standard for “deferring” unfair labor practices to private arbitration.

The Issue

Often when workers are disciplined, whether in a union or nonunion setting,

The NLRA, Protected Activity, and the F-BombWhen, if ever, is swearing at your supervisor or coworkers a federally protected activity? The National Labor Relations Board (Board) currently is reconsidering what constitutes protected activity under the National Labor Relations Act (NLRA). Specifically, the board is trying to clarify when workers can be protected from discipline for using profanity or engaging in harassing

But We Tried to Do It Right! Stand-Alone Misclassification of Independent Contractor May Not Be a ViolationRecently, the National Labor Relations Board (NLRB) issued another pro-employer decision, resolving an issue at the forefront of employment law, independent contractor classification.  In Velox Express, Inc. and Jeannie Edge, the NLRB determined that misclassification of an employee as an independent contractor alone does not violate the National Labor Relations Act (NLRA).

Background

Velox