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NLRB Issues

Jan 29, 2019

NLRB Reinstates Employer-Friendly Independent Contractor Standard

On January 25, 2019, the National Labor Relations Board (“Board”), reinstated a long-standing independent contractor standard.  This standard strengthens an employer’s ability to classify franchisees as independent contractors, or as employees exempt from the National Labor Relations Act.  » Read More

Feb 23, 2018

Be Careful What You Say: Not Everything’s O.K.

The National Labor Relations Act (“NLRA”) makes it unlawful to terminate an employee who engages in concerted, protected activity, which generally means that you can say, object and complain, and offer suggestions to your employer without fear of termination of employment or other adverse actions so long as your conduct is in the mutual aid and protection of your co-employees and relates to the terms and conditions of employment.  » Read More

Dec 22, 2016

New Jersey Employers Prepare for 2017

With 2016 coming to an end, New Jersey employers must ready their business for the coming year.  With this in mind, we have compiled the following information for New Jersey employers to consider as we enter 2017:

  • The New Jersey Department of Labor announced in September 2015 that the state minimum wage would be raised from $8.38 to $8.44 per hour.
» Read More

Jan 14, 2016

2016 Employment Law Breakfast Series

Norris McLaughlin will be hosting a series of free breakfast seminars which will highlight timely legal developments and managerial concerns in labor and employment law. These seminars will provide crucial information for human resource professionals, business owners, and in-house lawyers responsible for employment law matters.  » Read More

Jan 28, 2015

NLRB Accelerates Timeline for Union Elections with New Rule

The National Labor Relations Board (“NLRB”) recently published its highly-anticipated final rule governing procedures for union representation elections. The new “quickie” or “ambush” rule, which is scheduled to take effect on April 14, 2015, increases the burdens borne by employers leading up to an election, limits employers’ ability to challenge voter eligibility until after an election, and drastically reduces the timeframe between the filing of an election petition and the election from six (6) to eight (8) weeks to three (3) in most cases. » Read More

May 03, 2013

Another Facebook Firing Decision by the National Labor Relations Board

Section 7 of the National Labor Relations Act protects the right of employees to discuss with each other, the terms and conditions of their employment, including their wages and benefits.  A recent decision of the National Labor Relations Board once again emphasized that these protections apply to both union and non-union employees,  whether the discussions are in person or through social media such as Facebook. » Read More

Jul 20, 2012

NLRB Knocks Down “At-Will” Employment Policies

The National Labor Relations Board (“NLRB”) has taken action against two national employers, the Hyatt and the Red Cross, alleging that their seemingly innocuous “at-will” employment policies are unlawful under the National Labor Relations Act (“NLRA”).  This new attack on employer handbooks continues the NLRB’s trend of proactively policing non-union employers for policies that allegedly chill an employee’s right to engage in concerted activity under Section 7 of the NLRA. » Read More

Feb 21, 2012

NLRB “Quickie Election Rule” Set For April 30, 2012

The controversial “quickie” election rule issued by the National Labor Relations Board is set to become effective on April 30, 2012.  The Rule would significantly reduce the time between the filing of an election petition and the actual vote.  Some of the more significant aspects of the Rule would:

  • eliminate pre-election appeals to the Board and consolidate challenges to election conduct to a single, post-election “request for review”;
  • eliminate challenges at the pre-election stage to traditional issues, such as whether an employee is a supervisor and ineligible to vote; and
  • give Hearing Officers the discretion as to whether post hearing briefs would be required.
» Read More