Law and the Workplace

Tag Archives: NLRB

What’s Next for Traditional Labor with President-Elect Trump in Office?

President-elect Trump’s strong base with blue collar workers helped him win yesterday’s election, despite significant union backing for Hillary Clinton during the campaign. Trump has not, however, revealed details on how he plans to address issues of interest to the unionized workforce beyond backing out of international trade treaties, such as the Trans-Pacific Partnership, and enticing … Continue Reading

Too Close for Comfort? NLRB Departs from Long Standing Joint Employer Standard

Citing “changing economic circumstances, particularly the recent dramatic growth in contingent employment relationships,” in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (August 27, 2015), a 3-2 National Labor Relations Board majority (Pearce, Hirozawa, McFerran) significantly revised and broadened the standard for assessing joint-employer status under the National Labor Relations Act. The primary justification … Continue Reading

NLRB Prevents Northwestern Football Players from Unionizing; Refuses to Play the Game as to Whether College Athletes are Considered Employees

On August 17, 2015, nearly seventeen months after a National Labor Relations Board (“NLRB”) Regional Director ruled that Northwestern grant-in-aid scholarship football players were considered employees under the National Labor Relations Act (“NLRA”), the NLRB unanimously changed course and declined to exert jurisdiction over the athletes’ petition, thereby reversing the lower decision. In Northwestern University, … Continue Reading
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