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NLRB Issues Final Joint Employer Rule

Last month, as we reported, the Department of Labor (DOL) issued a Final Rule on the proper interpretation of joint employers within the meaning of the Fair Labor Standards Act (FLSA).   Now, the National Labor Relations Board (NLRB) has followed suit and today announced its Final Rule on Joint Employer Status Under the National Labor […]

How An Employer’s Misleading Statements Can Be Evidence of Discrimination

Two cases decided this month demonstrate how an employer’s false or inaccurate statements can bolster employees’ claims that their employer engaged in unlawful discrimination. Sykes v. Fed Ex Freight East, No. 2:17-cv-13189 (E.D. Mich. 8/3/19) In this case, a supervisor’s misrepresentation or misapplication of a workplace policy led the district court to decide that the […]

NLRA Does Not Protect Employee’s Wrongful Access Of Confidential Data

Under the National Labor Relations Act (NLRA), employees have the right to discuss their wages with colleagues.  The NLRA does not give employees who surreptitiously access wage data the right to discuss that information with colleagues, however.  In an advice memorandum released July 16, the National Labor Relations Board’s Office of the General Counsel provides […]

NLRB Union Protests Board Chair and GC

The National Labor Relations Board, we are told, is supposed to be the neutral government agency that addresses workplace issues between unions and employers.   And I saw a pink unicorn on the way to work this morning.   It is not unusual to hear employers sometimes suggest they are skeptical of the Board’s supposed “neutral” stance.  […]