Tag: NLRA

Labor & Employment

NLRB Adopts a New Standard for Assessing the Lawfulness of Workplace Rules

Written by Jonathan Turner and Kyle DeCamp On August 2, 2023, the National Labor Relations Board (the Board) issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023) that overruled existing Board precedent and established a standard by which existing workplace rules may be deemed facially unlawful under Section 8(a)(1) of the National Labor Relations Act (the NLRA), even if the rules don’t expressly … Continue reading NLRB Adopts a New Standard for Assessing the Lawfulness of Workplace Rules

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Labor & Employment

The Employer Strikes Back: SCOTUS Holds Tort Claims Against Union for Strikers’ Intentional Destruction of Property Are Not Preempted by the NLRA

Written by Jonathan Turner and William S. Lisa The Supreme Court’s June 1, 2023 decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters may provide employers with an additional avenue of recourse when dealing with strikers engaging in unlawful behavior not specifically prohibited by the National Labor Relations Act (the “NLRA” or the “Act”).  In a decision joined by five Justices, and a judgment … Continue reading The Employer Strikes Back: SCOTUS Holds Tort Claims Against Union for Strikers’ Intentional Destruction of Property Are Not Preempted by the NLRA

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Labor & Employment

NLRB Issues Final Rule on Joint-Employer Standard

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Photo Credit: istock.com/utah778

Written by Jeremy Mittman

Why This Matters

On Tuesday, the National Labor Relations Board (“NLRB” or the “Board”) announced that, on February 26, 2020, it will issue its final rule governing joint-employer status under the National Labor Relations Act (“NLRA”).  Under the NLRB’s final rule, an entity may be considered a joint employer of a separate employer’s employees only if the two share or co-determine the employees’ essential terms and conditions of employment.  “Essential terms and conditions of employment” are specifically defined as wages, benefits, hours of work, hiring, discharge, discipline, supervision, and direction.  The Board’s intent in issuing the final rule is to restore the joint-employer standard that was applied for many years prior to the Board’s 2015 decision in Browning-Ferris.

The final rule will be effective April 27, 2020.  The NLRB’s Fact Sheet regarding the final rule is available here.

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Labor & Employment

Bite Your Tongue: NLRB Rules That Produce Company’s Media, Confidentiality Policies are Lawful

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Photo Credit: istock.com/IPGGutenbergUKLtd

Written by Jonathan Turner

The NLRB under the current administration continues to issue decisions that factor in legitimate business considerations of employers when evaluating rules that are alleged to restrict employee protections under the NLRA.  One such recently issued decision, LA Specialty Produce Company, 368 NLRB No. 93 (October 10, 2019), may have particular significance to many of MSK’s clients because it addresses an important issue on which we frequently have consulted with clients in the past — restrictions on communications responsive to inquiries from the media.

Continue reading “Bite Your Tongue: NLRB Rules That Produce Company’s Media, Confidentiality Policies are Lawful”

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