Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: “National Labor Relations Board”

Weekly catch-up

Posted in ConstangyTV, HR, Immigration, Labor Relations, Politics, Protected Concerted Activity, Social media
Must-see ConstangyTV! The September edition of ConstangyTV’s “Close-Up on Workplace Law” is on YouTube, and you will not want to miss it. Host Leigh Tyson talks with Jon Yarbrough about social media in the workplace, including social media horror stories and what employers can do about them, the restrictions that have been imposed on social… Continue Reading

Emanuel confirmed to NLRB, and GOP now in the majority

Posted in Labor Relations, Politics
Management-side labor attorney William Emanuel was confirmed by the Senate today as a Member of the National Labor Relations Board. Mr. Emanuel’s confirmation gives the Republicans a 3-2 majority on the Board. However, Republican Chairman Philip Miscimarra has announced that he will not seek a second term when his current term expires in December, which… Continue Reading

Trump’s EEOC nominations are rocking along – and here’s what we can expect

Posted in Americans with Disabilities Act, Discrimination, Equal Pay, Gender Identity Discrimination, Genetic Information Non-Discrimination Act, GINA, Labor Relations, Politics, Sexual Orientation
With President Trump in office for nine months now, it is hard to believe that none of his people are yet on the Equal Employment Opportunity Commission. The four current Commissioners, including the Acting Chair, Republican Victoria Lipnic, and former Chair Jenny Yang, were all appointed by President Obama. But that may change soon. The Senate… Continue Reading

Weekly catch-up

Posted in Labor Relations, Politics
Just in time for Labor Day . . . the new Executive Labor Summary is out! Our favorite labor commentator, David Phippen of our Washington DC-Metro Office, is his usual bad* self, with the latest of President Trump’s nominees and appointees to the National Labor Relations Board, a court’s “joint employer” decision that may indicate where the now-Republican Board will end… Continue Reading

Trump reportedly has chosen his nominee for NLRB General Counsel

Posted in Labor Relations, Politics
Bloomberg BNA reported last night that President Trump plans to nominate management-side labor attorney Peter Robb to become General Counsel for the National Labor Relations Board, replacing Richard Griffin, whose term expires this fall. Mr. Robb is a partner with the Vermont law firm Downs Rachlin Martin, PLLC. (I don’t know Mr. Robb, but another… Continue Reading

Q and A on the recent controversy

Posted in Affirmative Action, Corporate Culture, First Amendment, HR, Labor Relations, Protected Concerted Activity, Retaliation
On the recent uproar involving a major, major employer and its recently-terminated employee: No. 1. Is it a good idea to provide an “open forum” to employees if there are certain topics that are off limits? No. If you want to provide a forum for employees to speak up, but only “within reason,” then it’s a… Continue Reading

Kaplan confirmed to NLRB – we now have an “R-D” tie

Posted in Labor Relations, Politics
The U.S. Senate yesterday confirmed Marvin Kaplan’s appointment to the National Labor Relations Board, which means that there is now an equal number of Republicans and Democrats on the Board. William Emanuel, a management-side attorney from Littler Mendelsohn, is the last Trump nominee to the Board. His confirmation vote will not take place until after the Senate’s… Continue Reading

Senate hearing on labor and employment nominees set for today — but will it happen?

Posted in Labor Relations, Politics
The Senate is scheduled to hold a “combined” confirmation hearing starting at 9:30 a.m. Eastern today on three Trump nominees for labor-and-employment-related positions: Marvin Kaplan and William Emanuel, both of whom have been nominated to vacant seats on the National Labor Relations Board, and Patrick Pizzella, who has been nominated to be Deputy Secretary of… Continue Reading

Trumpdate: Proposed budget shows “yuuuge” changes afoot in labor and employment arena

Posted in Affirmative Action, Benefits, Discrimination, Equal Pay, HR, Immigration, Labor Relations, Politics, Pregnancy, Safety, Unemployment, Wage-Hour
Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a BUNCH. The following is a compilation of a number of articles published in yesterday’s edition of Bloomberg BNA’s Daily Labor Report (paid… Continue Reading

Trumpdate: NLRB finalists, EEOC to swallow up OFCCP?

Posted in Affirmative Action, Elections, Labor Relations, Politics
NLRB candidates being vetted. Bloomberg BNA reported last night that President Trump has settled on two candidates to fill the two vacant seats on the National Labor Relations Board. One is William Emanuel, a shareholder in the Los Angeles Office of the management-side law firm Littler Mendelsohn. Here is a link to his firm bio. The other… Continue Reading

Trump names Miscimarra Chairman of the NLRB (no more of this “Acting” stuff!)

Posted in Elections, Labor Relations, Politics
According to Politico‘s “Morning Shift,” President Trump on Friday night promoted Philip Miscimarra from Acting Chairman to plain old Chairman of the National Labor Relations Board. Congratulations, Chairman! As of this morning, the NLRB website is still listing him as Acting Chairman. There are still two vacant seats on the five-member Board, which the President will be… Continue Reading

Weekly catch-up

Posted in FOCUS, Franchise, Labor Relations, Politics
Franchisors received some encouraging news this week from President Trump’s Acting Solicitor General, Nicholas Geale. Mr. Geale says that he prefers not to bring enforcement actions based on a theory that franchisors and franchisees are “joint employers.” He also said that he hopes the U.S. Department of Labor will focus on helping employers to comply… Continue Reading

Weekly catch-up

Posted in Elections, Immigration, Labor Relations, Politics, Protected Concerted Activity
Work card renewal for foreign workers gets easier. First, I neglected last week to include this Immigration Dispatch by Elizabeth Joiner on changes to the process for renewing Employment Authorization Cards (aka “work cards”) that should make things easier for foreign workers. Please do read, and, Elizabeth, I apologize for the delay! The January-February edition of… Continue Reading

Trumpdate: Tons of employment-related stuff!

Posted in Discrimination, Elections, Immigration, Politics, Wage-Hour
The employment law week in Trumpland started out a little slow, but now we’re back in business. Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good for his successor nominee Alexander Acosta. Mr. Acosta seems to have bipartisan support in the Senate, and has even… Continue Reading

President Obama’s labor and employment legacy

Posted in Affirmative Action, Discrimination, Elections, Equal Pay, Gender Identity Discrimination, HR, Labor Relations, Politics, Protected Concerted Activity, Same-sex marriage, Sexual Orientation, Social media, Wage-Hour
NOTE FROM ROBIN: A portion of Jill’s remarks below appeared Tuesday morning in Law360 (paid subscription required). Notwithstanding what might happen over the next four (or eight) years, there is no question that President Barack Obama has left his mark on labor and employment law in some very important ways. Even if President-Elect Trump’s administration… Continue Reading

“It’s going to be beautiful, believe me”: Trump on labor & employment law issues

Posted in Discrimination, Elections, Gender Identity Discrimination, Labor Relations, Pregnancy, Sexual Orientation, Uncategorized, Wage-Hour
Congratulations to President-Elect Donald J. Trump, and to everyone who was elected or reelected to office yesterday. With a President Trump and Republican majorities in both houses of Congress, employers may see some changes in the form of less aggressive regulatory agencies, a National Labor Relations Board that is more employer-friendly, and some relatively conservative… Continue Reading

2016 Employer’s Guide to Employee Voting Rights is here!

Posted in Elections
For better or worse, it won’t be much longer before the 2016 election is over. In honor (?) of the occasion, we’ve updated our Employer’s Guide to Employee Voting Rights, and it’s available now on our website — both in html and as a (free) downloadable and printable pdf. The Guide covers time-off-for-voting laws, employer… Continue Reading

Employer dos and don’ts for 2016 elections (NLRB-friendly version)

Posted in Harassment, Labor Relations, Protected Concerted Activity, Social media
Labor Day marked the beginning of the “serious” election season. In 2012, I posted on dos and don’ts for employers, but many of my old recommendations aren’t going to work in today’s labor law climate. Here’s an updated guide to help employers and their employees survive to November 8, and beyond, which I think will comply with the… Continue Reading

Weekly catch-up

Posted in FOCUS, Labor Relations
Labor relations go back to the future. Mel Haas and John Weltin of our Macon Office have the rundown on the recent decision by the National Labor Relations Board in Miller & Anderson, Inc. In that case, the Board found that an appropriate bargaining unit can include a mix of contingent workers who are jointly employed… Continue Reading