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Jan

31

2019
  • Posted by: Kalani Morse
  • News

Individual Employee Grumbles May No Longer Be Protected by NLRA

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Earlier this month, the NLRB reversed recent decisions and ruled that employee protests or complaints voiced in a group meeting would no longer be presumed to be attempts to initiate group action and protected as concerted activity under the NLRA.

The board ruled that a fact-based inquiry must first consider all evidence, rather than presuming NLRA protection.

 
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Jan

28

2019
  • Posted by: Kalani Morse
  • News

Independent Contractors are Independent Again:

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In 2014, the NLRB found that freelance FedEx Home Delivery drivers were employees covered by the National Labor Relations Act. That decision focused on the workers' economic dependency on companies while downplaying considerations of their entrepreneurial opportunities.

In the Board's SuperShuttle DFW, Inc. decision last week, they rolled back the economic dependency analysis in FedEx and found that shuttle-van-driver franchisees were not employees per the NLRA.

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Jan

23

2019
  • Posted by: Kalani Morse
  • News

U.S. Supreme Court: Arbitrators Should Decide If You Get to Arbitrate.

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A recent decision interpreting the Federal Arbitration Act (FAA) broadly should favor employers in the enforcement of arbitration agreements. A dental equipment distributor's relationship with the manufacturer soured.

They sued the distributor for antitrust violations and tried to arbitrate. The distributor objected to arbitration, claiming the their agreement barred arbitration because the manufacturer sought injunctive relief.

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Dec

25

2018
  • Posted by: Kalani Morse
  • News

U.S. Supreme Court Revising its Own Harassment Policies:

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In December 2017, Chief Justice Jon Roberts asked a working group of judges and judiciary officials to examine the effectiveness of the federal judiciary’s workplace conduct policies.

Although the group found that inappropriate conduct is not widespread, more than "a few isolated instances” of misconduct warranted recommendations for further action like:

  • revising the codes of conduct for judges and employees
  • streamlining processes for identifying and correcting misconduct, and
  • expanding training programs to prevent inappropriate behavior.
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