Whether two entities are “joint employers” is an important question under the National Labor Relations Act.  Consider Company A, which contracts with Company B, a staffing company, to provide maintenance or other services at Company A’s facility.  The maintenance workers are employed directly by Company B.  While working at Company A’s facility, Company B’s employees

In an important decision for employers and unions alike, the Third Circuit Court of Appeals, the federal appeals court with jurisdiction over Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, held that a union could be liable under the federal Racketeering Influenced and Corrupt Organizations (RICO) Act.  The decision opens a new avenue

The General Counsel of the National Labor Relations Board (NLRB) issued a Guidance Memorandum last week establishing her position that certain players at academic institutions are employees as defined by National Labor Relations Act (NLRA).  If collegiate athletes are protected as “employees” under the NLRA, then these athletes would have rights to organize and join

The U.S. Supreme Court declared unconstitutional a California regulation that required agriculture employers to give union organizers access to their premises.  The Court held that by requiring employers to provide such access, the regulation amounted to an unconstitutional taking of private property in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution.

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The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has resulted in heightened protection for employee misconduct that takes place during the course of protected activity, such as strikes.  However, in General Motors LLC

COVID-19’s impact on workplace matters continues to broaden.  The National Labor Relations Board, which has jurisdiction over most private sector employers, announced on Thursday that all union elections within its purview are suspended for two weeks.  Importantly, the suspension applies to both in-person and mail-in voting.

The Board implemented the freeze due to concerns over