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Category Archives: Practices and Procedures

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NLRB Rings In the New Year by Signaling It Will Continue Its Pro-Union Rulings

In yet another decision that exhibits the current Board’s overreaching and expansive view of its jurisdiction, the Board recently ruled that nurses who supervise and assign other hospital staff are not statutory supervisors. A Position Expressly Created to be Supervisory is Not Supervisory, According to the Board In 2016, Lakewood Health Center (“Lakewood”) restructured its… Continue Reading

Nationwide Preliminary Injunction Ordered Against Persuader Rule

Today, the United States District Court for the Northern District of Texas issued a nationwide preliminary injunction halting the Department of Labor’s (“DOL”) controversial new Persuader Rule and its new Advice Exemption Interpretation, previously discussed here and here.  The Rule and Interpretation marked a dramatic change by requiring public financial disclosure reports concerning payments that… Continue Reading

NLRB Shifts Power Toward Unions During Strikes – Employment Law This Week

Featured on Employment Law This Week: The National Labor Relations Board (NLRB) finds the hiring of permanent replacements for strikers to be an unfair labor practice. In a 2-1 decision that could benefit unions during contract negotiations, the NLRB found that a continuing care facility in California violated federal labor law when it hired permanent… Continue Reading

Seventh Circuit Creates Split on Class Waivers – Employment Law This Week

One of the top stories featured on Employment Law This Week: The U.S. Court of Appeals for the Seventh Circuit has joined the National Labor Relations Board in finding that arbitration agreements containing class action waivers violate the National Labor Relations Act (NLRA). At issue is a collective and class action by employees of Epic Systems about… Continue Reading

NLRB Finds Computer Use Rule Interfered with Union Election – Employment Law This Week

A featured story on Employment Law This Week is the NLRB’s crackdown on employers restricting the content of personal emails sent through the employer’s email system. In 2014, the NLRB ruled that employees who have email through their employers can use that email to communicate about union-related issues. In a recent election at Blommer Chocolate… Continue Reading

Regional Directors Report Data on the NLRB’s Amended Representation Election Rules After One Month—Court Challenges Continue

May 14th marked the one-month anniversary of the effective date of the NLRB’s Amended Representation Election Rules (“amended rules”).  That day, the Regional Directors for NLRB Regions 2 (New York, NY), 22 (Newark, NJ), and 29 (Brooklyn, NY) discussed their offices’ experiences processing representation petitions filed since the amended rules took effect on April 14th. With respect to… Continue Reading

McDonald’s-Franchisee Joint Employer NLRB Hearing Begins, SEIU Expands Fight for Fifteen and Other Developments

The National Labor Relations Board (“NLRB”) unfair labor practice hearing  against McDonald’s, USA, LLC (“McDonald’s) and numerous franchisees opened in New York City on Monday March 30, 2015, before Administrative Law Judge (“ALJ”) Lauren Esposito. (“ALJ”), a former NLRB field attorney and union lawyer. Also this week, the Service Employees International Union (“SEIU”) announced that… Continue Reading

NLRB Issues Critical Guidance On Employer Handbooks, Rules and Policies, Including “Approved” Language

On March 18, 2015, NLRB General Counsel Richard F. Griffin, Jr. issued General Counsel Memorandum GC 15-04 containing extensive guidance as to the General Counsel’s views as to what types employer polices and rules, in handbooks and otherwise, will be considered by the NLRB investigators and regional offices to be lawful and which are likely… Continue Reading

Attend EBG’s 2015 Labor Briefings in Westchester County, New York and Los Angeles, California

New Union Rules and Rulings: Proactive Strategies for Employers Facing Today’s Aggressive National Labor Relations Board and New Expedited Representation Elections April 14, 2015 – Hilton Westchester, Rye Brook, New York May 7, 2015 – The L.A. Hotel Downtown, Los Angeles, California The National Labor Relations Board (NLRB) has adopted dramatic new rules and processes… Continue Reading

OSHA’s Revised Recordkeeping and Reporting Rules for Retail in 2015

Very often OSHA complaints go hand in hand with union organizing campaigns and other concerted activity protected under the National Labor Relations Act, at union and nonunion operations. Our colleague Valerie Butera has prepared a thoughtful analysis concerning OSHA’s revised recordkeeping and reporting requirements in retail: “What Do OSHA’s Revised Recordkeeping and Reporting Rules Really… Continue Reading

Supreme Court Holds That Time Spent in Security Screening Is Not Compensable Time

Regarding the Supreme Court’s Integrity Staffing Solutions v. Busk opinion, issued yesterday, our colleague Michael Kun at Epstein Becker Green has posted “Supreme Court Holds That Time Spent in Security Screening Is Not Compensable Time” on one of our sister blogs, Wage & Hour Defense. Following is an excerpt: In order to prevent employee theft,… Continue Reading

Complimentary Webinar – Eye on Ebola: Issues Impacting Health Care Providers

WHEN: November 17, 2014 TIME:    2:00pm – 3:30pm EST To register for this webinar, please click here. Please join us for a complimentary webinar addressing the professional and business challenges encountered by health care providers dealing with Ebola and other infectious diseases. This webinar will offer a clinical overview as well as a review of… Continue Reading

Labor and Employment Cases Predominate in the Supreme Court’s Current Term

By Stuart M. Gerson While by most accounts the current term of the Supreme Court is generally uninteresting, lacking anything that the popular media deem to be a blockbuster (the media’s choice being same-sex marriage or Affordable Care Act cases), the docket is heavily weighted towards labor and employment cases that potentially affect employers in all… Continue Reading

NLRB Seeks Speakers for Public Meeting on Ambush Election Rules

By Kara M. Maciel Today, EBG client, National Grocers Association (“NGA”), filed a request to speak at the National Labor Relations Board’s public meeting, scheduled for April 10-11, 2014 regarding the Notice of Proposed Rulemaking (“NPRM”) on the “ambush election” representation procedures. NGA is the national trade association representing retail and wholesale grocers that comprise the… Continue Reading

Groundhog Day: Pro-Labor NLRB Again Attempts to Put The “Fix” In Union Elections: Reissues Discredited “Ambush” Election Rules

By Steven M. Swirsky, Adam C. Abrahms, Kara M. Maciel, and Casey M. Cosentino As previously predicted by the Management Memo on August 1, 2013 and October 30, 2013, the National Labor Relations Board (the “Board”) issued a second Notice of Proposed Rulemaking (“NPRM”) to amend its existing rules and regulations governing union elections procedures…. Continue Reading

Fifth Circuit Rejects The NLRB’s D.R. Horton Decision On Arbitration Waivers

By : Lisa M. Watanabe On December 3, 2013, the Fifth Circuit issued its much anticipated decision overturning the National Labor Relations Board’s (“NLRB”) controversial D.R. Horton, Inc. decision invalidating class action waivers and holding that requiring employees to sign such waivers violated employees’ rights under the National Labor Relations Act (the “Act”).  As previously… Continue Reading

Bad Faith Bargaining or Just Bad Bargaining: President Obama Names Unconstitutionally Appointed Griffin as NLRB GC

On August 1st President Obama made a bold statement by appointing Richard Griffin to serve as the NLRB’s General Counsel only three days after the former union lawyer vacated his unconstitutional recess appointment as a NLRB Board Member. The President statement by appointment made at least two things clear – The President wants an aggressive… Continue Reading

Nurse-to-Patient Ratios: Coming to a Hospital Near You?

By: Adam C. Abrahms and Stephanie R. Carrington Since California’s implementation of legislation setting minimum nurse-to-patient staffing ratios in 2004, the issue of nurse staffing has been slowly but surely creeping its way into other states’ legislation, attempts at federal legislation, and of course, into more union contracts. When it comes to requirements for hospital… Continue Reading

Wal-Mart Sues UFCW In Attempt to Get Declaratory Ruling That Union Trespass Inside Retail Stores Is Not Protected

By: Steven R. Blackburn Wal-Mart Stores has filed an interesting and unusual lawsuit in Los Angeles Superior Court seeking injunctive relief to stop various activities conducted by the United Food and Commercial Workers Union and its subsidiary “OUR Wal-Mart” (Organization United for Respect at Wal-Mart) in connection with their long-running efforts to organize the giant… Continue Reading

Executive Privilege (a new Twinkie Defense?): What Executives Can and Should Say About Unions

In the past week media reports abound regarding a controversial allegedly “anti-union” statement made by a high level executive associated with the iconic snack cake Twinkies.  As widely reported late last year, the original Twinkie maker, Hostess Brands, Inc.,  was forced to close, liquidate and lay off its entire unionized workforce, publicly blaming the recalcitrance of… Continue Reading

Labor Relations in the Health Care Industry – What Employers Should Know Now! A Webinar Series

Epstein Becker Green is pleased to announce a webinar series for health care employers focusing on new and more aggressive tactics and strategies being employed by health care industry unions. This three-part webinar series will provide an in-depth analysis and offer tools to assist employers who currently have union represented workforces as well as those… Continue Reading

The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

I co-authored an Act Now Advisory on the decision issued by NLRB Administrative Law Judge (ALJ) Joel Biblowitz on January 8, 2013, finding that Quicken Loans’ agreements concerning proprietary and confidential information and non-disparagement unlawfully interfered with these unrepresented employees’ Section 7 rights to engage in concerted and protected activity.  The ALJ decision adopts the expansive views… Continue Reading