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Management Memo Blog

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NLRB Solidifies Boeing and Provides Guidance on Employer Workplace Rules

USA - October 15 2019 As discussed in previous blog posts and articles, the National Labor Relations Board (NLRB), in Boeing Co., overruled past precedent that had…

In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by Collective Bargaining Agreements

USA - October 8 2019 As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and…

DOL Advises: FMLA Leave Should Not Be Delayed, No Exception for Collective Bargaining Agreements

USA - September 30 2019 The U.S. Department of Labor’s Wage and Hour Division (“WHD”) recently issued an opinion letter regarding the designation of FMLA leave in the…

NLRB Rebalances Employers’ Rights to Prohibit Union Solicitation on Their Property

USA - June 18 2019 Last Friday, the National Labor Relations Board (“NLRB”) in UPMC overturned 38-year old precedent and held that employers may lawfully prohibit…

NLRB Announces Plans for Further Rulemaking: Election Rules, Union Access to Employer Property, Question of Whether Student Athletes on Scholarship Are Employees, and More

USA - June 3 2019 The rulemaking priorities of the National Labor Relations Board (“NLRB” or “Board”) have been released, signaling what Board Chairman John F. Ring…

DOL Endorses Independent Contractor Status in the Gig Economy

USA - May 3 2019 On April 29, 2019, the U.S. Department of Labor (“DOL”) issued an opinion letter concluding that workers providing services to customers referred to…

NLRB Responds to Congressional Inquiry Regarding Proposed Joint-Employer Rule

USA - March 29 2019 Since 2015, employers have faced continued uncertainty regarding which standard the National Labor Relations Board (“NLRB” or the “Board”) will apply…

NLRB Replaces Its Test for Distinguishing Between Employees and Independent Contractors - Returns to Pre-2014 Common Law Based Test

USA - January 28 2019 In a three to one decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or the “Board”) in SuperShuttle DFW, Inc., 367 NLRB…

NLRB Begins to “Restore” the Appropriate Standard for Defining “Concerted Activity”

USA - January 28 2019 Last week, the National Labor Relations Board (the “Board”) issued a decision that “begins the process of restoring” a decades-old definition of…

NLRB Proposed Rule Will Redefine Joint-Employer Status -Rule Will Overrule Browning-Ferris and Require “Direct and Immediate Control”

USA - September 14 2018 The National Labor Relations Board has announced publication of a proposed rule that will establish a new and far narrower standard for determining…