Articles and Blogs

Updated on 3/16/2020 With concerns over the spread of a novel coronavirus (“COVID-19”), hospitals and health care providers face a unique situation as employers and care providers. As a result, health care employers will need to navigate a variety of legal obligations in preparing for and responding to potential COVID-19 cases, as well as... READ MORE

On February 26, 2020, the National Labor Relations Board issued its final rule establishing the standard for determining whether two employers are joint employers under the Act (“New Rule”). History of Joint Employer Standard As explained by the NLRB, a joint employer finding has significant implications for rights and obligations under the NLRA relative... READ MORE

In SuperShuttle DFW Inc.¹, the National Labor Relations Board (“Board”) held that it would return to its longstanding and previously defined framework for determining whether a worker is classified as an employee or an independent contractor under the NLRA (“Act”). The issue in SuperShuttle was whether franchisees who operate shared-ride vans for SuperShuttle Dallas-Fort... READ MORE

For years, we have reported on the multitude of decisions from the Board striking down employer handbook rules. Many of these decisions were based on a standard set forth in the Lutheran Heritage case, which provided, in part, that a rule or policy maintained by an employer is unlawful if “employees would reasonably construe... READ MORE

In a 5 to 4 opinion split down ideological lines, the Supreme Court ruled that class and collective action waivers contained in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”) and must be enforced. This is music to the ears of all employers, especially those that have been the target... READ MORE

The National Labor Relations Board (NLRB) has again postponed the requirement for private employers to post notice of employee rights under the Nation Labor Relations Act (NLRA). See our previous analysis here, here, and here. Employers now have until April 30,2012 to post the required notice.  The board said it “has determined that postponing... READ MORE

As Mr. Lyman pointed out last week, the National Labor Relations Board (NLRB) now requires private employers to post a Notice of Employee Rights under the National Labor Relations Act (NLRA).  A recent New York Times article on this new requirement discusses an upcoming decision by the NLRB that is expected to address unionization... READ MORE

The National Labor Relations Board (NLRB) just issued a final rule that will require most private employers, including those that are long-term care providers, to post a Notice of Employee Rights under the National Labor Relations Act (NLRA).  The notices must be posted by November 14, 2011.  The text of the notice is available in... READ MORE