As we previously blogged here and here, the Obama Administration, through the U.S. Department of Labor (“DOL”) as well as the National Labor Relations Board (“NLRB”), made it clear early and often that it was going to take an active role in reshaping the landscape of employment and independent contractor relationships. Notably, in the Browning-Ferris…

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Last week, in the case of Bellagio LLC v. National Labor Relations Board, the Circuit Court for the District of Columbia determined that the Bellagio Hotel and Casino in Las Vegas did not interfere with a bellhop’s “Weingarten rights” under the National Labor Relations Act (“NLRA”). Standing alone, this is an important decision for employers…

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As readers of this blog will note, we have previously noted a split among the U.S. Circuit Courts on the issue of whether class action waivers in arbitration agreements are legal or not: the Second, Fifth (see here) and Eighth Circuits have held that such waivers are legal (relying upon the Supreme Court’s holding in…

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It has been a busy month for the federal courts in Texas, and a long one for the United States Department of Labor (the “DOL”). As we blogged here last week, on November 21, 2016, the United States District Court for the Eastern District of Texas blocked implementation of the DOL’s rule that would have…

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Category: Union Access,

In this blog, we have previously covered the United States’ Department of Labor’s controversial efforts to effect a significant change to the so-called “Persuader Rule,” a regulation first proposed by the United States Department of Labor in 2011, and finally enacted in April of this year, to essentially eliminate the “Advice Exception” to the Labor…

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Category: Union Access,