Employment Law

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Sen. Lamar Alexander has introduced a bill that would expand the National Labor Relations Board from five members to six. Currently, the president appoints five board members with the “advice and consent of the Senate.” By law, two board members must be from the political party other than the president’s.
An employee who loses a lawsuit over her termination can’t revive the litigation a second time just by coming up with a second claim that could have been raised earlier.
The car service company Uber exemplifies America’s new sharing economy, testing the often blurry boundary between employee and independent contractor. It’s a business model that invites confusion and controversy.
If you are in the health care industry and have several facilities, it might be convenient to have one union represent all your employees. Just don’t expect the National Labor Relations Board to buy that argument.
The U.S. Supreme Court has refused to review the California Supreme Court Decision in which the state’s highest court ruled that the Federal Arbitration Act preempted California’s policy against enforcement of class-action waivers on the grounds that they were contrary to public policy or unconscionable.
The National Labor Relations Board has upped the ante in its ongoing effort to brand McDonald’s USA a joint employer along with its franchisees in a series of claims that the fast-food giant engages in unfair labor practices.
Don’t count on getting off the hook if you are sued as a joint employer.
Attention to detail is essential when using arbitration agreements. They are contracts and the ordinary legal requirements for contract formation must be followed.
Online retail giant Amazon and the NLRB have resolved an unfair labor practices claim with an agreement that could lead to unionization of many of the company’s warehouses. The move was prompted by a heavy-handed response to an employee complaint during an employee meeting.
The U.S. Department of Labor stands to gain far more than most federal agencies in the White House’s fiscal year 2016 budget proposal released Feb. 2. President Obama’s budget would increase DOL funding by almost 11% next year, compared to an average of 5.3% for other federal agencies.