LexisNexis® Legal Newsroom
Williams Mullen: In Rebuff To Labor Board, 5th Circuit Sustains Arbitration Agreements With Class Action Waivers

By David C. Burton , Beth Hirsch Berman and J. Nelson Wilkinson In recent years, employers have faced increased, and increasingly expensive, class action litigation from current and former employees. In response, many employers have turned to arbitration agreements with class-action waivers as...

U.S. Supreme Court Hears Oral Arguments in NLRB Quorum Appeal

WASHINGTON, D.C. — The U.S. president has the power to fill vacancies on the National Labor Relations Board during both inter-session and intra-session recesses, the U.S. solicitor general told the U.S. Supreme Court this morning during arguments in a closely watched appeal ( National Labor Relations...

The Debate About College Athletes as Employees Moves to the National Labor Relations Board

On January 28, 2014, players on the Northwestern University football team filed a petition with the National Labor Relations Board ("NLRB") seeking union representation. The petition is the first of its kind and, if successful, the Northwestern football team would be the first group of college...

The Obama NLRB and Confidentiality Rules

In a decision that is a preview for employers of things to come from the "new" and approved Obama NLRB, the Board affirmed an administrative law judge who found a confidentiality rule to be overly broad. MCPc, Inc. [ an enhanced version of this decision is available to lexis.com subscribers...

Non-Union Employers Should Pay Attention to the NLRB - Here's Why

The National Labor Relations Board has taken the position that many garden-variety employment policies violate the law. These rulings place employers in a “ Catch 22 ”—if employers rescind the policies, they could have trouble defending themselves in unemployment cases, wrongful termination...

The National Labor Relations Board 2013 Year in Review - An Overview of the Board’s Significant Actions

by Bruce Bagley and Adam Santucci Introduction From the looks of it, 2013 was a very rough year for the National Labor Relations Board (Board). Last year , we reported that the Board would face some serious legal battles in 2013. Some of those battles are over, and there are clear winners and losers...

NLRB Looks to Expand Reach With Latest Enforcement Priorities

Late last month, the new NLRB General Counsel, Richard Griffin, published a memo ( GC 14-01 ) outlining the matters that the Regions must submit to the NLRB’s Division of Advice for guidance on how to proceed. The memo is of key importance to employers, because it signals those matters that will...

The Wage-and-Hour Implications of the NLRB’s Northwestern Football Player Ruling

By now you’ve likely heard that yesterday a regional director of the National Labor Relations Board ruled that Northwestern University’s scholarship athletes are “employees” of the university covered by, and entitled to organize under, the National Labor Relations Act [ an enhanced...

Northwestern University Football Players Can Unionize, Says NLRB

CHICAGO -- National Labor Relations Board Region 13 Director Peter Sung Ohr issued a decision yesterday in the case ( 13-RC-121359 ) brought by Northwestern University football players seeking to unionize, concluding that all grant-in-aid scholarship players for the football team who have not exhausted...

Student Athletes Could…Go…All…The…Way…to the Bank

On Wednesday, the Regional Director for the Chicago Region of the National Labor Relations Board ("NLRB") ruled that football players receiving scholarships from Northwestern University are "employees" for the purpose of the National Labor Relations Act ("NLRA"). This ruling...

Senate Committee Holds Hearing on Nomination of Sharon Block to be a Member of the NLRB

On September 9, 2014, the U.S. Senate’s Health, Education, Labor and Pensions Committee (HELP) conducted a hearing on the nomination of Sharon Block, a Democrat, to once again be a Member of the National Labor Relations Board. She was nominated to take the place of Nancy Schiffer, a Democrat, who...

Remember that Job You Had 11 Years Ago? Well Good News!

In 2003, CNN replaced its unionized subcontractor with a non-union labor force. Well, the NLRB ruled in part that CNN was a joint employer, violated the NLRA by failing to bargain over this reshuffling, and acted with anti-union animus. More importantly (to CNN at least), the NLRB ordered CNN to hire...

The NLRB’S Designs to Re-Define Joint Employer

by Todd L. Sarver Are you a franchisor? Do you have contractors? Do you use a staffing agency? Do you outsource functions (food service, cleaning, security, etc.)? Do you have affiliate corporate entities you established to operate separately? Do you have a vertically integrated operation? If you...

Senate Committee to Hold Confirmation Hearing on McFerran NLRB Nomination

The U.S. Senate’s Health, Employment, Labor and Pensions Committee (HELP) has set a full committee hearing for November 20, 2014, on the nomination of Lauren McFerran to be a Member of the National Labor Relations Board. She was just nominated by the President on November 12, 2014. Assuming...

Democrat McFerran Approved by Senate HELP Committee to Be NLRB Member

On December 2, 2014, the Senate Health, Education, Labor, and Pensions (HELP) Committee approved the nomination of Democrat Lauren McFerran to serve as a Member of the NLRB. Her nomination now goes to the Senate floor for consideration. It would appear she will be confirmed during the lame duck session...

News Excerpts From the April 1, 2015, Bender’s Immigration Bulletin

H-2B Interim Final Rule Expected in April | On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor's (DOL) 2008 H-2B regulations on the ground that the DOL lacks authority under the INA to issue regulations in the H-2B program. Perez v...

No More Busch in the Gardens: The NLRB Discards 37 Years of Precedent Protecting Witness Statements

by Mark C. Dean Recently, the National Labor Relations Board (“NLRB”) officially overruled longstanding protections against disclosure of witness statements taken by employers during an internal workplace investigation. Since 1978, the Board has maintained that the general duty on an employer...