Skip to Content

Category Archives: National Labor Relations Board

January 7, 2018

NLRB Flips Over Past Practice

Recently, the National Labor Relations Board (“Board”) issued its decision in Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), which reinstated the Board’s long-standing policy that there is no duty to bargain over changes to terms and conditions of employment made pursuant to past practice.  This decision overturns the Board’s 2016 decision  Read More arrow

December 15, 2017

NLRB Overrules Browning-Ferris Industries and Reinstates Prior Joint-Employer Standard

Today, the National Labor Relations Board overruled the Board’s 2015 decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“Browning-Ferris”), and returned to the pre–Browning Ferris standard that governed joint-employer liability. Today’s decision affects all future and pending cases.  Under the pre-Browning Ferris standard, two or more entities will be deemed joint employers under the National  Read More arrow

December 8, 2017

NJ Seeks to Limit Arbitration of Employment-Based Claims

S-3851, which was introduced on December 4 by Senator Loretta Weinberg (D-Bergen), would bar provisions in employment contracts that waive any substantive or procedural right or remedy relating to a claim of discrimination, retaliation or harassment.  The bill prohibits the waiver of any right or remedy under the NJ Law Against Discrimination or any other statute or  Read More arrow

October 26, 2015

2d Rejects Firing Over social media posts

Connecticut-based Triple Play Sports Bar and Grille fired bartender Jillian Sanzone’s over her post calling her employer an “asshole” and another employee who “liked” the post. The 2d circuit has sided with the NLRB and found that the firings violated the NLRA. The Court distinguished a 2012 precedent, NLRB v. Starbucks Corp., where it approved  Read More arrow

January 5, 2014

NLRB Surrenders on Equating Failure to Post a Notice With an With an Unfair Employment Practice 

BOARD GIVES UP RULE REQUIRING BUSINESSES TO POST NOTICES OUTLINING WORKERS’ LABOR RIGHTS In 2011, the NLRB issued a rule stating that employers subject to its jurisdiction would be guilty of an unfair employment practice if the employer failed to hang a poster on the premises entitled “Notification of Employee Rights under the National Labor  Read More arrow