On Monday, April 30, 2018, the California Supreme Court issued a landmark decision establishing the presumption that a worker is an employee in that state unless the employer meets a three-prong “ABC” test. The Court’s ruling in Dynamex v. Superior Court […]
Category: Labor & Employment
With Senate Confirmation of NLRB Member John Ring, NLRB Shifts to Republican Majority
April 11, 2018
Today, the Senate, voting along party lines 50 to 48, confirmed John Ring as a member of the National Labor Relations Board. With Ring’s confirmation, the five-member NLRB is now fully staffed with a 3-2 Republican majority membership. Ring, a […]
As we previously reported, on July 2015, the United States Supreme Court decided to consider the legality of “fair share” fees for public employees. Fair share fees are those fees that are proportionate to the union’s costs associated with collective bargaining, […]
McDonald’s & The NLRB to Settle a Nearly Four-Year Battle Involving Joint-Employer Status
March 22, 2018
On March 19, 2018, McDonald’s reached a proposed settlement with the National Labor Relations Board (the “Board”) to resolve the outstanding litigation concerning alleged labor law violations by McDonald’s franchisees. We previously reported on this case in both 2014 and […]
On March 14, 2018, leaders from the Service Employees International Union, the United Auto Workers, the American Federation of Teachers, and UNITE HERE announced a new coalition to organize graduate students at private universities. Each union will contribute money, political […]
NLRB Upholds Discharge of Employee Whose Protected Activity Included Intentional Deception
March 7, 2018
KHRG Employer, LLC d/b/a Hotel Burnham & Atwood Café, 366 NLRB No. 22 (2018) On February 28, 2018, the National Labor Relations Board (“Board”) issued an important decision for employers and employees, reminding all that protected activity under the National […]
Second Circuit Court Finds Sexual Orientation Protected Under Title VII
February 28, 2018
On Monday, the U.S. Court of Appeals for the Second Circuit (which covers Connecticut, New York, and Vermont), became the second federal appellate court to explicitly hold that federal law prohibits employment discrimination based on sexual orientation. In April 2017, […]
National Labor Relations Board Vacates Hy-Brand and Returns to Browning-Ferris Joint Employer Standard
February 27, 2018
Yesterday, the National Labor Relations Board issued an Order abruptly vacating its decision in Hy-Brand Industrial Contractors. In Hy-Brand, issued in December, the Board overturned the controversial joint employer standards established by the Obama-era NLRB in Browning-Ferris Industries. We have discussed Browning-Ferris before (see our original […]