All Items: National Labor Relations Act (NLRA)

  • NLRB Finds Uber Drivers Are Independent Contractors, Not Employees

    May 17, 2019

    In a victory for Uber, a National Labor Relations Board (NLRB) advice memorandum has concluded that the company's drivers are independent contractors rather than employees.

  • Joint Employment Test Heads Back to NLRB After DC Circuit's Mixed Ruling

    January 4, 2019

    In a mixed opinion, a federal appellate court has given new life to the Obama-era joint employment standard but also sent the case back to the NLRB which may give the labor board an opportunity to further chip away at the test.

  • Software Company Settles NLRB Complaint for $775,000

    December 3, 2018

    A Silicon Valley software startup has agreed to pay $775,000 to settle an unfair labor practice claim filed by the NLRB on behalf of 15 former software engineers who had sought to organize.

  • Local Right to Work Rulings Split Federal Courts, Supreme Court Challenge Possible

    October 10, 2018

    The 7th Circuit Court of Appeals has ruled that an Illinois village lacked authority under the NLRA to pass a right-to-work law. The decision creates a split with the 6th Circuit Court of Appeals and sets up a possible Supreme Court challenge.

  • NLRB Proposes Revised Joint Employment Rule

    September 13, 2018

    The National Labor Relations Board (NLRB) has announced it is issuing a Notice of Proposed Rulemaking (NPRM) to redefine the standards for determining whether two or more employers are joint employers under federal labor law and thereby jointly liable for any labor law violations.

  • NLRB Will Propose Joint Employment Rule Soon

    June 7, 2018

    The current uncertainty over the standard to be applied in determining joint-employer status under the National Labor Relations Act (NLRA) "undermines employers' willingness to create jobs and expand business opportunities," according to National Labor Relations Board Chairman John F. Ring.

  • Supreme Court Restricts Employee Class Actions in Pro-Arbitration Ruling

    May 23, 2018

    The US Supreme Court has ruled that companies may compel their employees to arbitrate workplace disputes individually rather than as part of a class action in a 5-4 decision.

  • NLRB Asks Appellate Court to Reconsider Joint Employer Case

    March 6, 2018

    The United States Circuit Court of Appeals for the District of Columbia Circuit could either uphold the National Labor Relations Board's Browning-Ferris ruling or overturn it, thereby opening the door for the court or the NLRB to issue a new joint employment standard.

  • NLRB Restores Browning-Ferris Standard for Joint Employment

    February 27, 2018

    The National Labor Relations Board has vacated its 2017 Hy-Brand decision, thereby restoring the 2015 Browning-Ferris decision, under which employers can be considered to be joint employers under federal labor law if they exercise indirect control of shared employees or reserve the right to control shared employees.

  • Mandatory Arbitration in Employment Case Opens Supreme Court's Term

    October 3, 2017

    The US Supreme Court began its term by hearing a mandatory arbitration case with big implications for millions of workers and their employers. At issue is whether an employer may compel its workers to arbitrate workplace disputes individually.

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News: HR guidance on complying with the NLRA.