By: Jonathan T. Swain & Christopher J. Saugstad September 27, 2019 The National Labor Relations Board (“NLRB”) recently made public an Advice Memorandum (the “Memorandum”) by its General Counsel on August 15, 2019. The Advice Memorandum detailed the General Counsel’s advice regarding specific social media policies of CVS Health. The Memorandum examined numerous social media […]
David Keating and Kristofor Hanson Over the course of the past year, the National Labor Relations Board (“Board”) has indicated its willingness to develop more employer-friendly standards that allow employers more flexibility in managing their businesses and their unionized workforces. Just in the past week, the Board continued its efforts with a ruling allowing for […]
By: Christopher J. Saugstad September 6, 2019 On August 29, 2019, the National Labor Relations Board (the “Board”) determined that employers do not violate the National Labor Relations Act (the “NLRA”) merely by misclassifying employees as independent contractors when they should have been classified as employees. In Velox Express, Inc., 15-CA-184006, 368 NLRB No. 61 […]
In Bexar County Performing Arts Center Fdn. d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019), the National Labor Relations Board has limited prior decisions, which allowed the employees of a tenant to engage in union activities on the private property of their employer’s landlord. Whether or not the tenant’s employees normally […]
By: Jenna K. Leslie Yesterday, the Supreme Court of the United States issued a significant victory for employers when ruling that class and collective action waivers in employment arbitration agreements are fully enforceable under the Federal Arbitration Act (FAA) and do not violate an employee’s rights under the National Labor Relations Act (NLRA). In Epic […]
By: Kristofor Hanson As has been anticipated since the change in presidential administrations earlier this year, the National Labor Relations Board, with a Republican majority, issued a slew of impactful and employer-friendly decisions in recent days. (The Republican majority on the Board was in place until December 16, 2017, when Chairman Philip Miscimarra’s term ended. […]
Lindner & Marsack’s Tom Mackenzie, Laurie Petersen and Daniel Finerty will share expertise on a variety of employment law matters at the State Bar of Wisconsin’s 2016 Health, Labor, and Employment Law Institute, an event is designed to share comprehensive information to help attorneys stay current on new developments that impact health, labor and employment […]
In a 3-1 decision issued this week, the National Labor Relations Board (“Board”) reversed current precedent that prohibited the inclusion of temporary employees along with permanent, or “solely employed,” employees in a bargaining unit absent employer consent, as it returned to the previous standard under M.B. Sturgis, Inc., 331 NLRB 1298 (2000), where no such […]
Please mark your calendar for Lindner & Marsack, S.C.’s Annual Compliance/Best Practices Seminar! WHEN: April 14, 2016 8:00 a.m. – 12:00 p.m. WHERE: Sheraton Milwaukee Brookfield Hotel 375 South Moorland Road Brookfield, WI This FREE half-day event will address current topics in labor, employment, benefits & worker’s compensation law and provide employers across industries with […]
By: Kristofor L. Hanson and John E. Murray The National Labor Relations Board (“Board”) has expanded its joint employer test providing easier access to unions seeking to represent staffing agency temporary workers. The Board’s decision in Browning-Ferris Industries of California, 362 NLRB No. 186 (Aug. 27, 2015), will likely have far-reaching implications for businesses who […]