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Labor Relations / Unions

NLRB is watching: Don’t spy on your employees

Concerned by the brave new world of digital supervision, the NLRB issued a memo on Oct. 31 warning employers not to use intrusive or abusive electronic surveillance.

Overreacting to union talk often backfires

You may have read about recent high-profile companies and their responses to unionization efforts. Smaller employers also face NLRB unfair labor charges over their handling of unionization efforts.

What has the Federal Trade Commission been up to?

Checking in on the FTC’s newest initiatives with gig work and impersonation scams.

NLRB efforts to liberalize joint employer standard won’t go away

Joint employment matters … a lot … because if you’re a joint employer over the employees of another employer, you are jointly and severally liable for the legal wrongs committed by the primary employer.

Public approval of labor unions highest in 57 years

Almost seven in 10 Americans have a favorable view of labor unions, according to a Gallup poll released Aug. 30.

Beware shutting down to avoid unionization

Organized labor is enjoying a renaissance. In the first nine months of the fiscal year, union representation petitions filed with the National Labor Relations Board have increased 58%. For employers, the trend means employees may be far more likely to unionize than ever before.

NLRB proposes worker-friendly joint-employer rule

The National Labor Relations Board on Sept. 6 released a Notice of Proposed Rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act.

D.C. Circuit to NLRB: Take a fresh look at joint-employer ruling

The D.C. Circuit Court of Appeals has ordered the National Labor Relations Board to revisit its most recent, Trump-era ruling in Browning-Ferris Industries, a landmark decision that defined what it means to be a joint employer under the National Labor Relations Act.

NLRB numbers rising for election petitions, unfair labor charges

Union representation petitions filed with the National Labor Relations Board have increased 56% during the first nine months of Fiscal Year 2022.

Price of an illegal gag order: $3.12 million

Employers can’t interfere with workers’ right to engage in concerted activity aimed at improving working conditions. For example, you can’t have a handbook policy or work rule that threatens discipline for employees who talk to reporters. A recent seven-figure settlement shows how expensive having and enforcing such a rule can be.