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Articles by Howard Waldman
NLRB Formally Reinstates The 2020 Joint Employer Rule
Ford & Harrison LLP are most popular: within Technology topic(s) with Senior Company Executives, HR and Inhouse Counsel with readers working within the Oil & Gas and Retail & Leisure industries Executive Summary: The National Labor Relations Board (NLRB) has officially reinstated a narrower standard to determine joint employer status under federal labor law by formally reinstating its 2020 rule and withdrawing a 2023 rule that was vacated by a federal court in March 2024.
NLRB Formally Reinstates the 2020 Joint Employer Rule | JD Supra
The issue of whether two or more employers are considered to be joint employers can have several important legal implications under federal labor law. Some of these key considerations include whether the putative employer has mandatory collective bargaining obligations and liability for unfair labor practices.
The Fight Continues for Employee Status – Dartmouth Men's Basketball Players Are Employees Under the NLRA | JD Supra
Summary: On February 5, 2024, the National Labor Relations Board’s (NLRB or Board) Regional Director for Region 1 (Boston) announced that Dartmouth College men’s basketball players are employees under the National Labor Relations Act (NLRA) and may vote to unionize. The Regional Director premised her finding on the basis that Dartmouth exercises significant control over the work performed by the basketball players, who in turn perform that work in exchange for compensation.
NLRB Rules Employers Cannot Unilaterally Cease Dues Checkoff After CBA Expiration | JD Supra
Executive Summary: On October 3, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or Board) reversed its previous ruling from 2019 and held that a union dues checkoff provision should be treated as part of the status quo that the employer cannot unilaterally change following contract expiration. See 28-CA-213783, 371 NLRB No. 160 (2022).
NLRB Reaffirms "Special Circumstances" Test for Union Insignia Cases | JD Supra
Executive Summary: On August 29, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or Board) reaffirmed that when an employer interferes in any way with its employees’ right to display union insignia, the employer must prove special circumstances that justify its interference. See Tesla, Inc., 32-CA-197020, 371 NLRB 131 (2022).
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