NLRB General Counsel Issues Memo on Notice-Posting Requirement
On May 20, 2020, National Labor Relations Board (NLRB) General Counsel Peter Robb issued new guidance in Memorandum G.C. 20-06 regarding the NLRB’s remedial notice posting requirements.
Blog
NLRB Rules Against Telephonic R-Hearings Where Witnesses Will Testify
On April 1, 2020, we explained that the National Labor Relations Board (NLRB) would resume processing representation cases on April 6, 2020. Since then, NLRB regional offices have been scheduling and conducting telephonic pre-election hearings and generally have been denying videoconference requests.
NLRB Delays Effective Date of ‘Election Protection’ Final Rule
On March 31, 2020, the National Labor Relations Board (NLRB) announced that it had finalized a series of amendments to its blocking-charge policy, voluntary recognition bar, and rules governing Section 9(a) recognition in the construction industry.
Beltway Buzz, April 3, 2020
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
NLRB Finalizes Rules on Blocking Charges, Voluntary Recognition, and Section 9(a) Recognition
On August 9, 2019, we explained that the National Labor Relations Board (NLRB) would be publishing a notice of proposed rulemaking (NPRM) regarding certain proposed amendments to the National Labor Relations Board’s (NLRB) rules on “blocking charges,” a bar on voluntary recognitions, and Section 9(a) recognition in the construction industry. On March 31, 2020, the Board announced that it has finalized the proposed amendments, which it believes “better protect employees’ statutory right of free choice on questions concerning representation.” The final rules will be published in the Federal Register on April 1, 2020, and should take effect after May 31, 2020.
New Arizona Laws Seek to Clarify Independent Contractor Status
Arizona’s new Declaration of Independent Business Status (DIBS) law went into effect on August 6, 2016. Arizona employers can now clarify their relationships with independent contractors under certain circumstances. For purposes of state law, employers may confirm the independent contractor relationship by having workers sign declarations that create a rebuttable presumption that an independent contractor relationship exists.
NLRB Finds Joint Employer Status Can Exist Merely Based on Indirect or Potential Control
Overturning decades of precedent, the National Labor Relations Board (NLRB), on August 27, 2015, issued its long-awaited decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB No. 186 (August 27, 2015). The decision establishes a new standard for determining when two entities are a single “joint employer” over a group of workers.
