NLRB

In this informative 75-minute webinar (including a question and answer session at the end), Hirschfeld Kraemer Partners Derek Ishikawa, Ferry Lopez and Monte Grix will cover major employment law developments for 2024 and help you get thinking of what your business needs to do to avoid being a target of litigation. The topics to be…

On October 26, 2023, the National Labor Relations Board (NLRB or the Board) issued a new rule addressing how the Board will assess joint employer status under the National Labor Relations Act. In short, the new rule lowers the bar significantly for finding two entities to be joint employers and raises heightened concerns about the…

On Friday, March 12, 2021, the National Labor Relations Board (NLRB) abruptly reversed course and withdrew a proposed 2019 rule that would have barred graduate student teaching assistants at private colleges and universities from unionizing. If the proposed rule (drafted in September 2019 and nearly finalized in December 2020) had been implemented, it would have…

Unless you have been living under a rock for, oh, the last 15 years or so, you know how vexing PAGA (the California Private Attorneys General Act of 2004) can be for employers. As we have blogged in the past, PAGA is an extraordinarily broad law that provides a private right of action to “aggrieved…

The National Labor Relations Board (NLRB) decided yesterday in Bethany College that it does not have jurisdiction over faculty at religious schools and colleges, overruling a 2014 decision which held the opposite. Click here to download the NLRB decision. The NLRB will decline jurisdiction over labor union election petitions and unfair labor practice claims if…

In its recently issued decision in SuperShuttle DFW, Inc. and Amalgamated Transit Union Local 1338, the National Labor Relations Board (NLRB) reversed course on the test it uses to determine whether a worker is an employee or an independent contractor, adopting a more employer-friendly standard. While it retains the common law’s multi-factor test for determining…

WHAT TO EXPECT IN CALIFORNIA EMPLOYMENT LAW FOR 2019 In many ways, 2018 was a bellwether year for California employment law, seeing major changes in the laws pertaining to sexual harassment, independent contractors, and a whole host of other issues. Does 2019 hold as many big surprises in store? The short answer: probably not, but…

Seeking another route to reverse a key decision of the Obama-era National Labor Relations Board (“NLRB” or the “Board”), the current Board has proposed a new administrative rule for determining whether an entity is a “joint employer.” The key to this new test is that an entity controls the “essential terms and conditions” of an…