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Articles by Darrah Hinton
NLRB's New Joint-Employer Standard Drastically Increases Potential Liability for Businesses Employing Third Parties | JD Supra
The National Labor Relations Board (NLRB or Board) released its Final Rule on October 26, 2023, drastically expanding the circumstances under which separate entities could be considered joint employers. Under the Final Rule, separate entities may now be jointly obligated to recognize and bargain with unions, liable for unfair labor practices committed by the other, and subject to union picketing during labor disputes.
NLRB's New Joint-Employer Standard Drastically Increases Potential Liability for Businesses Employing Third Parties
Final Rule resurrects the BFI standard and could entangle both entities in unfair labor practice charges and obligations involving union bargaining and strikes The National Labor Relations Board (NLRB or Board) released its Final Rule on October 26, 2023, drastically expanding the circumstances under which separate entities could be considered joint employers.
NLRB General Counsel Moves to Invalidate Noncompete Agreements | JD Supra
Memo asserts such provisions in employment contracts and severance agreements violate the National Labor Relations Act On May 30, 2023, the General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued Memorandum GC 23-08, setting forth her view that noncompete provisions in employment contracts and severance agreements violate the National Labor Relations Act because such clauses interfere with employees' rights to engage in protected concerted activities.
NLRB Makes It Significantly Harder for Employers to Issue Discipline for Workplace Outbursts | JD Supra
Lion Elastomers Revives a "Setting-Specific" Standard That Is Again Likely to Lead to Arbitrary Results and Conflicting Obligations Under Various Statutes After the National Labor Relations Board's recent decision in Lion Elastomers LLC II, employers must now carefully navigate two "fundamentally different" classes of employee misconduct: 1) "misconduct during ordinary work," and 2) misconduct committed during activities related to their hours, wages, and working conditions.
NLRB Makes It Significantly Harder for Employers to Issue Discipline for Workplace Outbursts - Lion Elastomers Revives a "Setting-Specific" Standard That Is Again Likely to Lead to Arbitrary Results and Conflicting Obligations Under Various Statutes | Dav
After the National Labor Relations Board's recent decision in Lion Elastomers LLC II, employers must now carefully navigate two "fundamentally different" classes of employee misconduct: 1) "misconduct during ordinary work," and 2) misconduct committed during activities related to their hours, wages, and working conditions.
NLRB Makes It Significantly Harder for Employers to Issue Discipline for Workplace Outbursts
After the National Labor Relations Board's recent decision in Lion Elastomers LLC II, employers must now carefully navigate two "fundamentally different" classes of employee misconduct: 1) "misconduct during ordinary work," and 2) misconduct committed during activities related to their hours, wages, and working conditions.
NLRB General Counsel Pushes for "Vigorous Enforcement" of Employers' Use of Technology | JD Supra
Employers have long used electronic management tools to track and improve employee performance, including GPS on company vehicles, employee badges for access or timekeeping, and monitoring software on work computers. The prevalence of remote work during the COVID-19 pandemic prompted an increase in the availability—and usage—of electronic management technology, which has drawn increased scrutiny from regulators. On Oct.
Family Business Law Basics: Final Steps to Starting a Business | JD Supra
Once the entity type and business name have been selected, it is time to begin the process of formally creating the company and making sure it is properly licensed. The first step to achieving that goal is drafting the governing documents of the business. If the company is a corporation, these will be the articles of incorporation and bylaws. If it is an LLC, it will be the operating agreement. If it is a partnership, it will be the partnership agreement.
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