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NLRB Proposes Rule to Settle Once and For All: Student Teaching and Research Assistants Are Not “Employees”

USA - September 20 2019 As anticipated, today the National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) proposing a regulation which would...

Steven J Porzio, Paul Salvatore.

NLRB Tips Scales in Favor of Employers When Drawing Distinctions Between Claims of “Inability to Pay” Versus “Competitive Disadvantage,” and “Surface” Versus “Hard” Bargaining

USA - September 18 2019 In recent weeks, the National Labor Relations Board has issued several employer-friendly decisions, and its September 13 decision in Arlington Metals...

Steven J Porzio.

NLRB Puts a Finer Point on Its Community of Interest Test with a New Three-Step Analysis

USA - September 12 2019 Still hard at work as we head into mid-September, the National Labor Relations Board, in a 3-1 decision (Chairman Ring and Members Kaplan and Emanuel...

Michael Lebowich.

NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

USA - August 16 2019 On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity...

Joshua S Fox, Steven J Porzio, Mark Theodore, Michael Lebowich.

D.C. Circuit Weighs In On NLRB Test For Adjunct Faculty Unionization

USA - March 21 2019 Colleges and universities should take note of the Court of Appeals for the D.C. Circuit’s recent decision in University of Southern California v...

Steven J Porzio, David L Bayer, Paul Salvatore.