Allyn & Fortuna LLPMegan J. Muoio, August 13, 2014 After receiving 181 complaints from employees at McDonald’s about unfair labor practices beginning in November 2012, the National Labor Relations Board (NLRB) has issued an advice memorandum that could impact companies with franchisees across the U.S. The memorandum indicates that the NLRB will treat McDonald’s as a “joint employer” with its franchisees, making McDonald’s liable for the unfair labor practices of franchise owners to their employees. The advice memorandum is a directive from the general counsel of the NLRB and does not…
Diana Uhimov, July 16, 2014. The U.S. Supreme Court unanimously invalidated three of President Obama’s recess appointments to the National Labor Relations Board (NLRB) as unconstitutional in its June 26, 2014 decision in National Labor Relations Board v. Noel Canning. Despite the fact that these Board members’ positions were filled by valid Senate-confirmed members in August 2013, this decision voids hundreds of NLRB decisions issued between January 2012 and August 2013, because the Board did not have a quorum. The current Board is now obligated to revisit those decisions and either…
Megan J. Muoio, May 21, 2014. Recent Supreme Court decisions and federal legislation have addressed the issue of when it is appropriate for employees to discuss pay and salary issues amongst themselves and what options, if any, do employers have to prevent disclosures made among employees. Many employers discourage or outright prohibit employees from disclosing or discussing pay and salary information. These prohibitions are often contained within employment handbooks or simply conveyed verbally to employees. However, despite their frequent use, pay and salary confidentiality rules have been prohibited…
Paula Lopez, April 2, 2014. Employers are not blind to employees’ use of social media in and out of the workplace and they have a business interest in protecting confidential information, brand/image, employee morale and productivity, and insulating themselves from legal liability. As a result, employers should establish a social media policy regarding their employees’ use of employer-issued devices and their social media activities. Creating a comprehensive social media policy is important. Such a policy should specifically identify permitted and prohibited conduct, without being overly restrictive, and should…
Megan J. Muoio, February 26, 2014. On February 21, 2014, the United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) filed objections with the National Labor Relations Board regarding the union representation election at the Volkswagen facility in Chattanooga, Tennessee. The effort to unionize the VW plant was supported by both the UAW and Volkswagen, which wanted to set up a works council at the facility. Ultimately, however, the UAW lost the election by a vote of 712 to 626. In its complaint to the NLRB, the…
Nicholas Fortuna, February 21, 2014. The National Labor Relations Board, which is charged with enforcing the National Labor Relations Act, has recently been moving aggressively to regulate both union and non-union workplaces. The NLRB issued 19 decisions in January 2014, compared to 17 decisions in the previous five months combined. The agency is introducing regulations to streamline the union election process and expanding its jurisdiction over religious universities as to whether certain university faculty members can unionize. The expectation is that the Board will continue to use its…