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NLRB Official Finds Dartmouth Basketball Players are “Employees” and Authorizes a Union Vote

In a hotly contested case, the NLRB regional director for the region covering most of New England has found that Basketball Players at Dartmouth are the university’s “employees” under the National Labor Relations Act. They...more

NLRB Departs from Employer-Friendly Independent Contractor Test

The National Labor Relations Board, in its decision in The Atlanta Opera, Inc., has modified its standard for determining whether a worker is an employee or independent contractor under the National Labor Relations Act (the...more

U.S. Supreme Court Makes It Easier to Sue Unions for Property Destruction

The U.S. Supreme Court recently decided in Glacier Northwest, Inc. v. Int’l Bhd. of Teamsters Local Union No. 174, No. 21-1449 (June 1, 2023), that the National Labor Relations Act (NLRA) does not prohibit certain claims...more

Are Employer Uniform and Dress Code Policies Dead?

The National Labor Relations Board ruled on August 29, 2022 that workplace policies restricting or limiting employees’ wearing of union apparel are unlawful unless the employer can demonstrate the existence of “special...more

8/31/2022  /  Dress Codes , NLRA , NLRB , Tesla , Uniforms , Union Insignia , Unions

Union without an election? – NLRB’s possible return to Joy Silk Mills

Employers across the country may, in the near future, face a unionized workforce even though their employees are denied the opportunity to vote in a secret ballot election. Under current law, an employer presented with...more

Civil Penalties May Be Coming To The National Labor Relations Act

If enacted into law, the so-called Build Back Better reconciliation package (“BBB”) will drastically expand the remedial power of the National Labor Relations Board (“NLRB”) effective January 1, 2022. The BBB incorporates...more

NLRB’s Top Lawyer Says College Athletes Are Employees

In a recent guidance memorandum, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board, has announced her intention to consider college athletes as employees under federal labor law. The implications...more

Parts Of The PRO Act May Become Law Under The Reconciliation Bill

According to news reports, the upcoming budget reconciliation bill will likely contain some portions of the PRO Act, which is a piece of proposed pro-union legislation. As detailed in a prior post, the PRO Act would...more

PRO Act: Congress Considers Fundamental Changes To Federal Labor Law

Congress may be on the cusp of passing legislation that would transform labor law in dramatic ways. This proposed law has potentially dire consequences for private-sector employers nationwide. The Protecting the Right to...more

The Coronavirus And Unionized Employees: Issues Options And Strategies

Private sector employers with unionized employees and even non-union employees must be especially careful when addressing certain workforce concerns connected with the coronavirus outbreak. Below, we will address common...more

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