Tag Archives: NLRB

NLRB Announces Intent to Change Joint-Employer Test

On Thursday, September 13, 2018, the National Labor Relations Board (NLRB) announced its intent to change the standard to determine joint-employment. In a September 13, 2018, news release, the Board stated that it will publish a proposed rule clarifying and restricting the standard to determine when two entities are considered a single “joint-employer” over a group of employees.  The proposed changes would limit joint-employment to employers that possess and exercise “substantial, direct and immediate control over the essential terms and conditions of employment” of another employer’s employees.  The proposed changes would also require that an employer must have exercised its …

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NLRB Rules on Google’s Firing of Outspoken Engineer

A recently released NLRB memo has concluded that Google did not break any labor laws when they fired James Damore.  Damore, a senior software engineer, was fired in August after writing and circulating an internal memo that disclosed Google’s diversity initiatives.  His memo, titled “Google’s Ideological Echo Chamber,” alleged that women are underrepresented in technology because of innate, biological differences such as being prone to anxiety, having lower stress tolerances and looking for more work-life balance.

DOJ Backs Class Action Waivers

The United States Department of Justice (DOL) has made an about face and now takes the position that class action waivers in arbitration agreements are enforceable.   The change in position from the Trump Administration’s DOJ has gained national headlines. The Courts of Appeal are split on the enforceability of these waivers, while the National Labor Relations Board maintains they are unenforceable. The Obama-era DOJ agreed with the National Labor Relations Board’s position that such waivers are unenforceable because they infringe on employees’ collective bargaining rights. The current DOJ, acting in accordance with the executive branch’s policy shift as a result …

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