The National Labor Relations Board (“NLRB”) announced that it is releasing a final rule (the “Rule”) on February 26, 2020 revising the prior joint-employer standard used to hold franchisors or businesses that use employees hired by third parties jointly liable for violations of federal labor law. The NLRB stated that this change in the Rule

On December 17, 2019, the National Labor Relations Board (“NLRB”) held that confidentiality mandates during pending workplace investigations are lawful.  This ruling overruled the NLRB’s recent precedent that such mandates infringe on the rights of employees (union or non-union) under the National Labor Relations Act (“NLRA”) to engage in “concerted protected activity”, which includes the

On December 16, 2019, the National Labor Relations Board (the “Board”) issued a new decision that strengthens employers’ right to restrict employees from using company email for non-work reasons. Caesars Entertainment, No. 28-CA-60841 (NLRB Dec. 16, 2019). In so doing, the Board overruled its controversial 2014 decision in Purple Communications, which held

As we previously reported, the National Labor Relations Board (Board) on December 14, 2017 issued a decision in Hy-Brand Industrial Contractors scrapping a broad and controversial “joint employer” standard in favor of a narrowed test that made it more difficult to link affiliated business as joint employers.   Recently, however, the Board unanimously vacated Hy-Brand

In a flurry of decisions late last week, the newly-constituted majority of the National Labor Relations Board (NLRB or the Board) issued a number of decisions that signal a less interventionist approach with respect to the employer-employee relationship. Three of these decisions in particular will have wide-reaching benefits for union and non-union employers alike, as