Labor Law Archives - Kollman & Saucier P.A.

The NLRB Retreats On The Joint Employer Rule

Kollman & Saucier

07/26/2024

Some time ago, the Biden administration advanced a joint employer favored by labor unions. By way of a brief, over-simplified example, if a building owner contracts janitorial services to a contractor, and the building owner has the power to control the hours, pay, or other terms of employment, the building owner might be found to be the joint employer with their contractor. A coalition of business groups led by the U.S. Chamber of Commerce...

Kollman & Saucier

07/26/2024

Labor Law

Employers have the option to hire permanent replacements in response to a strike. Often employers do not understand that the replacements retain all the rights of the employees whom they replace. Organized employees have the right to request a union representative be present in an investigatory meeting that may result in disciplinary action or where the employee reasonably suspects disciplinary action may result. Named after a case, that is...

Kollman & Saucier

02/02/2024

Labor Law, NLRB

It can be tempting to freely air thoughts and grievances on your cozy corner of the Internet, but lest we forget “the Internet is forever.” That’s true if you are an ordinary person or the richest person in the world. Last week the full Fifth Circuit reheard Tesla, Inc.’s appeal from the NLRB decision made in 2021. The Fifth Circuit’s decision in this matter has broad implications for the First Amendment rights of employers. The issue...

Kollman & Saucier

01/23/2024

Employment Discrimination, Labor Law, NLRB

Charlie Baker’s tenure as NCAA President, being the first person to hold the office without first serving as an athletic director or college president, was always certain to bring a big shakeup to the college sports landscape. But change may be closer than many expected. The NCAA’s Division I (DI) Board of Directors assigned a recent revolutionary proposal, written by Baker, to the DI Council for evaluation. Although a small step in the NCAA’s...

Kollman & Saucier

01/12/2024

Labor Law, NLRB

Section 8(a)(1) of the National Labor Relations Act (the “Act”) makes it an unfair labor practice for an employer "to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7" of the Act. Section 7 guarantees employees the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, which would include employees working together to seek higher...

Kollman & Saucier

12/18/2023

Labor Law, NLRB

To call Starbucks’ relationship with Starbucks Workers United union (Workers United) strained is an understatement. The relationship began in December 2021 when Workers United’s campaign in Buffalo, NY resulted in the first unionized Starbucks store. Since then, workers at over 400 Starbucks stores have voted to unionize nationally, many represented by Workers United. Hundreds of unfair labor practice charges have also been filed on both...

Kollman & Saucier

11/20/2023

Agency Activity, Labor Law, NLRB, Union Activity

The National Labor Relations Board (NLRB) has taken two affirmative steps to cement the Cemex doctrine into current labor law. First, the NLRB Office of General Counsel, headed by Jennifer A. Abruzzo, issued Memorandum GC 24-01, Guidance in Response to Inquiries about the Board’s Decision in Cemex Construction Materials Pacific LLC. Abruzzo stated in the guidance that “the Cemex Board took issue with the prior focus on the potential impact...

Kollman & Saucier

11/16/2023

Joint Employer, Labor Law, NLRB

In September 2022, the National Labor Relations Board (NLRB) proposed a new rule to determine joint-employer status. The new rule, adopted in October 2023, will take effect on December 26, 2023, and be applied prospectively.[1] One of the more controversial aspects of the new rule is that it removes the requirement that a putative employer actually exercise control over those essential terms and conditions of employment.[2] In fact, an employer...

Kollman & Saucier

10/26/2023

Agency Activity, Joint Employer, Labor Law, Legal Developments, NLRB

The National Labor Relations Board (NLRB) released today its Final Rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). The NLRB press release states: Under the new standard, an entity may be considered a joint employer of a group of employees if each entity has an employment relationship with the employees and they share or codetermine one or more of the employees’ essential terms and...

Kollman & Saucier

10/05/2023

Labor Law, NLRB

The National Labor Relations Board (NLRB) has ordered a hospital in Puerto Rico to rehire and provide back pay to eleven maintenance employees who it deemed were illegally terminated. The September 30, 2023 decision from the three-member panel found that the employer, Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras violated Sections 8(a)(5) and (1) by its decision to subcontract the services performed by the Environmental Control...

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The NLRB Retreats On The Joint Employer Rule

Replacement employees have right to union representation at investigative interviews, says Seventh Circuit.

“Retweet”: Fifth Circuit Takes Up Free Speech Under NLRA

Big Changes on the Horizon for College Sports?

Accidental Disclosure of Salary Information Leads to Unfair Labor Practice

Starbucks Forgot To Engage In Effects/Impact Bargaining, Now The NLRB Wants It To Reopen Stores

Is The Cemex Doctrine Is Here to Stay?

Joint-Employer Rule Faces Early Legal Hurdle

NLRB Issues New Joint Employer Rule

Employer’s Failure to Bargain with Union Proves Costly

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Category: Labor Law

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