Articles and Blogs

NLRB

A Mixed Bag on Joint Employment Rulings, but the Future Looks Promising (Part II of II)

[08/29/18]

Posted on August 29, 2018 in HR Insights for Health Care

Published by: Hall Render

As we noted in the prior article that we recently posted, there were two different franchisor/franchisee rulings issued this summer in the context of joint employment relationships. Recall that joint employment is an employment law theory that involves an employee who works for two separate companies—the joint employers—where both companies have the ability to control... 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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SCOTUS Enforces Arbitration Agreements: Class and Collective Action Waivers

[05/24/18]

Posted on May 24, 2018 in HR Insights for Health Care

Published by: Hall Render

In a 5 to 4 opinion split down ideological lines, the Supreme Court ruled that class and collective action waivers contained in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”) and must be enforced. This is music to the ears of all employers, especially those that have been the target... 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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Sixth Circuit Agrees with NLRB that Employment Arbitration Clause Prohibiting Class Action Arbitrations Is Unenforceable

[06/02/17]

Posted on June 2, 2017 in Health Law News, HR Insights for Health Care

Published by: Hall Render

On May 26, 2017, the U.S. Court of Appeals for the Sixth Circuit issued a decision (NLRB v AEI) holding that an employment agreement provision requiring arbitration of employment disputes, but prohibiting class action or other multiple-employee arbitrations, is unlawful. The court upheld a National Labor Relations Board order striking down the provision. Employees were... READ MORE

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Federal Court Halts Enforcement of DOL “Persuader Rule”

[06/28/16]

Posted on June 28, 2016 in HR Insights for Health Care

Written by: Stephen W. Lyman

Back in April, Hall Render reported that the U.S. Department of Labor (“DOL”) published its so-called “Persuader Rule.” The DOL’s new rule has generated a heated outcry from employer groups and attorneys. Litigation followed and, on June 27, 2016, a federal district court in Texas issued a temporary nationwide injunction, preventing the DOL from enforcing the... READ MORE

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Replacing Striking Employees Becomes Even More Risky – NLRB Changes the Playing Field

[06/02/16]

Posted on June 2, 2016 in HR Insights for Health Care

Written by: Stephen W. Lyman

For nearly 68 years, the general understanding was that in collective bargaining, both sides have access to weapons in the game of economic warfare. Unions and employees have the right to strike, and employers have the right keep the doors open by replacing the striking employees – either temporarily or permanently. There were exceptions of course. Unions... READ MORE

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Let Me Persuade You: DOL Issues New Rules Affecting Employers, Consultants and Lawyers

[04/04/16]

Posted on April 4, 2016 in HR Insights for Health Care

Published by: Hall Render

For over five years, the U.S. Department of Labor has been pondering the issuance of new rules governing “persuader” activities. On  March 24, 2016, the new Persuader Rule was officially published in the Federal Register, is set to become effective on April 25, 2016 and applies to all arrangements, agreements and payments made on or after... READ MORE

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Now There Are Twenty-Six: West Virginia Adopts “Right to Work”

[02/15/16]

Posted on February 15, 2016 in HR Insights for Health Care

Written by: Stephen W. Lyman

West Virginia joins 25 other states that have adopted “right to work” laws that prohibit private employers from requiring workers to pay union dues, fees and assessments as a condition of employment. Governor Earl Ray Tomblin (D) initially vetoed the measure, but on February 12, 2016, the West Virginia legislature overrode the governor’s veto.... READ MORE

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NLRB “Deletes” Employer’s “No-Recordings” Rules

[02/04/16]

Posted on February 4, 2016 in HR Insights for Health Care

Written by: Stephen W. Lyman

Many employers have rules prohibiting the recording of conversations or the taking of photos or videos in the workplace. Even if there is no rule, many employers will tell an employee who wants to record something that it’s not allowed. Presumably, there may be several legitimate reasons for the employer’s reaction to workplace recordings.... READ MORE

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