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National Labor Relations Act

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

Jan 28, 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

Mar 22, 2016

The Hits Keep on Coming for Chipotle

2016 has not been a good year so far for Chipotle Mexican Grill. An E.coli outbreak at its restaurants in several states has led to a criminal investigation, decreased consumer confidence, and a potential negative earnings report. A National Labor Relations Board (“NLRB”) Administrative Law Judge (“ALJ”) delivered more bad news last week by ruling that Chipotle used an unlawful social media policy to force an employee to delete certain Twitter posts. » Read More

Oct 20, 2015

Social Media Rants and the NLRB

A three-judge panel of the United States Court of Appeals for the Second Circuit recently heard argument with respect to the protected nature of workers’ inflammatory posts about their jobs under the National Labor Relations Act, and whether to overturn a 2014 National Labor Relations Board decision requiring Triple Play Sports Bar and Grille to hire back the two workers.  » Read More

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