Christopher Michalik on NLRA

What Businesses Should Know About the NLRB’s Broad Standard for Joint Employment Status

On Oct. 26, 2023, the National Labor Relations Board issued a final rule that significantly broadens the definition of “joint employment” under the National Labor Relations Act (NLRA), marking the fifth change to the board’s...more

11/6/2023 / Browning-Ferris Industries of California Inc. , Collective Bargaining , Joint Employers , NLRA , NLRB , Staffing Agencies , Unions

NLRB General Counsel Memo Announces Initiative to Treat College Athletes as Employees

On Sept. 29, 2021, the National Labor Relations Board (NLRB) general counsel issued General Counsel Memorandum GC 21-08, in which she announces that she believes certain college student-athletes are “employees” under the...more

10/8/2021 / College Athletes , Educational Institutions , NCAA , NLRA , NLRB , Scholarships , Student Athletes

National Labor Relations Board Issues Handbook Victory for Employers

On Dec. 10, 2020, the National Labor Relations Board (NLRB) issued a decision in BMW Manufacturing Co. regarding whether various rules and policies in an employer’s handbook violated the National Labor Relations Act (NLRA)....more

12/21/2020 / Employee Handbooks , Employment Policies , NLRA , NLRB , Non-Disparagement Provisions

NLRB General Counsel Issues Guidance On Duty To Bargain In Emergency Situations

The COVID-19 pandemic presents unique challenges for employers whose employees are represented by labor unions. Under the National Labor Relations Act (NLRA), unionized employers must negotiate with a collective bargaining...more

4/3/2020 / Collective Bargaining , Coronavirus/COVID-19 , Corporate Counsel , NLRA , NLRB , NLRB General Counsel

Labor Law 2016: A Year In Review

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

1/18/2017 / Administrative Law Judge (ALJ) , At-Will Employment , Blacklist , Browning-Ferris Industries of California Inc. , Collective Bargaining , Corporate Counsel , Department of Labor (DOL) , Fair Pay and Safe Workplaces , Federal Acquisition Regulations (FAR) , Federal Contractors , Joint Employers , LMRDA , NLRA , NLRB , Persuader Rules , Unions

NLRB: Student Teaching Assistants Can Be Employees Under the NLRA

In a 2-to-1 decision, the National Labor Relations Board (NLRB or “the Board”) overturned longstanding precedent to hold that student teaching assistants can be classified as employees under the National Labor Relations Act...more

8/25/2016 / Collective Bargaining , Colleges , Educational Institutions , Graduate Students , NLRA , NLRB , Student Employees , Unions , Universities

NLRB Greatly Expands “Joint Employer” Doctrine

As we previously reported on Aug. 27 and 28 (on our blog Labor Relations Today), the National Labor Relations Board (NLRB) recently issued its ruling in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug....more

9/11/2015 / Browning-Ferris Industries of California Inc. , Collective Bargaining , Employer Liability Issues , Franchises , Joint Employers , NLRA , NLRB , Right to Control , Staffing Agencies , Teamsters , Unions

New NLRB Advice Memorandum Offers Glimmer of Hope to Franchisors

On April 28, 2015, the National Labor Relations Board (NLRB) issued an advice memorandum addressing when franchisors can be considered “joint employers” with their franchisees for purposes of the National Labor Relations Act...more

5/19/2015 / Corporate Counsel , Franchises , Franchisors , Joint Employers , McDonalds , Memorandum of Guidance , NLRA , NLRB

NLRB’s New “Ambush Election Rules” Go Into Effect

The National Labor Relations Board’s (NLRB’s) “ambush election rules,” which make sweeping changes to the procedures applicable in union representation cases, took effect on April 14, 2015....more

4/22/2015 / Ambush Election Rules , Memorandum of Guidance , NLRA , NLRB , Union Elections , Unions

NLRB’s Do’s and Don’ts of Employer Handbooks: Part 3 Trademarks and Logos, Photography and Workplace Recording, Leaving Work,...

On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks....more

4/15/2015 / Conflicts of Interest , Employee Handbooks , Employment Policies , New Guidance , NLRA , NLRB , NLRB General Counsel , Photographs , Trademarks

NLRB’s Do’s and Don’ts of Employer Handbooks: Part 2 Conduct Toward Coworkers and Third Parties

On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks. The memorandum further solidified the NLRB’s...more

4/7/2015 / Code of Conduct , Employee Handbooks , Employment Policies , New Guidance , NLRA , NLRB

NLRB’s Do’s and Don’ts of Employer Handbooks: Part 1