Articles and Blogs

National Labor Relations Board

NLRB Advice Memo Recommends Restoring a Broader Definition of Picketing Under the NLRA

[05/21/19]

Posted on May 21, 2019 in HR Insights for Health Care

Published by: Hall Render

On May 14, the National Labor Relation’s Board (“Board”) Advice Division released an advice memorandum recommending that the Board reconsider three picketing cases decided during President Obama’s administration. The memo provides insight regarding how the General Counsel’s Office, and the Board, may interpret picketing activity in the near future. This advice could affect health... READ MORE

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NLRB Restores the Long-Standing Test for Determining Independent Contractor Status

[02/19/19]

Posted on February 19, 2019 in HR Insights for Health Care

Published by: Hall Render

In SuperShuttle DFW Inc.¹, the National Labor Relations Board (“Board”) held that it would return to its longstanding and previously defined framework for determining whether a worker is classified as an employee or an independent contractor under the NLRA (“Act”). The issue in SuperShuttle was whether franchisees who operate shared-ride vans for SuperShuttle Dallas-Fort... READ MORE

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NLRB General Counsel Issues New Memo on Handbook Rules

[06/13/18]

Posted on June 13, 2018 in HR Insights for Health Care

Published by: Hall Render

For years, we have reported on the multitude of decisions from the Board striking down employer handbook rules. Many of these decisions were based on a standard set forth in the Lutheran Heritage case, which provided, in part, that a rule or policy maintained by an employer is unlawful if “employees would reasonably construe... READ MORE

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When Can Health Care Employers Restrict Pro-Union Employee Badges?

[05/15/18]

Posted on May 15, 2018 in HR Insights for Health Care

Published by: Hall Render

The National Labor Relations Board (“NLRB”) recently had the opportunity to return to the subject of employer policies restricting nurses and other employees from wearing pro-union insignia in the workplace. The Rules The NLRB decision focused on two policies, which were challenged by their employees. The first policy, dealing with appropriate dress and grooming, applied to... READ MORE

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