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Yet Another New NLRB Joint-Employer Test

HRWatchdog

Over the last decade, the National Labor Relations Board (NLRB) has a pattern of overruling itself in how it determines whether an entity can be considered a joint employer of a worker and, thus, be subject to National Labor Relations Act (NLRA) claims from the worker.

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Wearing “Black Lives Matter” On Uniform Can Be Protected Activity Under NLRA

HRWatchdog

On February 21, 2024, the National Labor Relations Board (NLRB) issued a decision that an employer violated federal law when it directed an employee to remove the hand-drawn acronym for Black Lives Matter — “BLM” — from their work apron to comply with the company’s dress code. What Happened in this Case?

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Supreme Court Rules Employer Can Sue Union for Intentional Damage During Strike

HRWatchdog

Supreme Court ruled — in a near unanimous 8-1 opinion — that the National Labor Relations Act (NLRA) doesn’t preempt an employer’s state law claim that a union intentionally destroyed the employer’s property during a strike. For Glacier’s truck drivers, the International Brotherhood of Teamsters Local Union No.

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Latest NLRB Decision Spotlights Employer Handbook Rules

HRWatchdog

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new legal standard for evaluating employer handbook rules — raising the level of scrutiny these rules will face when challenged as violating the National Labor Relations Act (NLRA) ( Stericycle, Inc. 372 NLRB No. 113 (2023)).

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NLRB General Counsel Urges Board to Evaluate Employer Electronic Surveillance Practices

HRWatchdog

The federal National Labor Relations Act (NLRA) protects employeesrights to engage in “concerted activities” with each other towards improving working conditions — a common example is to demand higher wages. Roberts, Labor Law Helpline Manager, Employment Law Counsel/Subject Matter Expert.

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Seven Labor and Employment-Related Job Killer Bills in Legislative Hearings This Week

HRWatchdog

The job killing legislation include mandates to further expand California’s already generous leave rules, establish onerous return to work mandates, increase litigation liability under the Fair Employment and Housing Act (FEHA) and more. Is likely unconstitutional under the First Amendment and preempted by the National Labor Relations Act.

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NLRB Changes the Joint-Employer Standard, Increased Bargaining Power for Temp Workers

HRWatchdog

In a 3-2 decision involving a California employer, the National Labor Relations Board (NLRB) “refined” the standard it will use for determining joint-employer status. In other words, the employer had to actually exercise control over the worker(s) to be considered a joint-employer, not just possess the right to control.