NLRB

In 2011, the National Labor Relations Board issued a rule which would have allowed for so-called “quickie” union elections.  Under current rules, the time between the filing of a petition…

For years, plaintiffs’ lawyers have brought class actions against employers seeking compensation for time spent by employees putting on and taking off protective gear.  The numbers have been staggering, as…

While 2014 is by most accounts predicted to be a robust regulatory year for the National Labor Relations Board (“NLRB”) and the Department of Labor (“DOL”), the initial start has…

The Fifth Circuit Court of Appeals refused to enforce critical portions of the NLRB’s decision in D.R. Horton, Inc., including its decision that class action waivers in arbitration agreements violated…

The NLRB is back in business.  After several years in the weeds, there is now a fully constituted Board, a confirmed General Counsel and no questions as to the legitimacy…

In any shutdown of the federal government, the media is quick to report on whether federal employees are “essential” or “non-essential.”  Make whatever joke you want, but most federal employees…

Labor unions in the United States have been struggling with declining membership for decades.  After reaching an all-time high of approximately 35% unionization of private sector employees in the 1950s,…

Since the 2011 United States Supreme Court decision in AT&T Mobility v. Concepcion, appellate courts have assessed whether arbitration clauses with class action waivers are enforceable.  Concepcion said yes and…

For the first time since January 2012, the National Labor Relations Board (NLRB) unquestionably has a quorum to issue rulings.  This comes on the heels of the U.S. Senate’s votes…

According to the National Labor Relations Board, employers are free to have policies limiting e-mail usage for business purposes only.  They are just not free to enforce it. At a…