In recent years, the National Labor Relations Board’s joint employer standard has been in a state of flux, making it hard (if not impossible) for employers to feel like they can get a handle on this important standard and plan/organize/prepare accordingly. This week, we have again seen movement from the
It’s been a busy end of February. For employers, the past two weeks have included several notable decisions:
Dodd-Frank Does Not Protect In-House Whistleblowers
Last Wednesday, on February 21, 2018, the United States Supreme Court unanimously held that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection
By Erin L. Kilgore and Scott D. Huffstetler
On Monday, a Fifth Circuit majority held that a class-action and collective action waiver was enforceable, regardless of whether or not the waiver was part of an arbitration agreement. This is good news for employers in the Fifth Circuit who do not want to have mandatory arbitration
Social media use by employees, and employers’ social media policies, continue to appear in the legal headlines. Much of the recent news coverage has touched on action by the National Labor Relations Board (NLRB) and its assessment of employer social media policies. However, recent legal action in Pennsylvania does not
Employers are not the only ones frustrated with the National Labor Relations Board’s ever-growing scrutiny of common employer work rules and policies. A member of the NLRB is, too.
As many employers are aware, the NLRB’s scrutiny of work rules has gone well beyond social media policies. In recent years, the
By Erin Kilgore
It has been a busy year for the National Labor Relations Board. Many employees celebrated Labor Day with a long weekend and a shorter work week. However, employers also must reflect on the NLRB’s recent activity and consider the impact of such activity on their policies and procedures. Of particular interest to
On Monday, March 9, 2015, the U.S. Supreme Court ruled that federal agencies do not have to follow notice-and-comment rulemaking procedures when changing interpretations of rules. This decision gives federal agencies, including the Equal Employment Opportunity Commission and the National Labor Relations Board, wide latitude to change interpretive rules without first notifying