William Kishman

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NLRB Announces New Approach for Addressing Joint-Employer Test, Alleged Conflicts of Interest (US)

On May 9, 2018, the National Labor Relations Board announced an interesting development regarding two key ongoing issues, i.e., the Board’s joint-employer standard and the alleged conflicts of interest of Member William Emanuel. This announcement also sheds light on how the Board may change other areas of federal labor law in the future.… Continue Reading

Negotiating A Deal? Ensure You Respond Appropriately To Union Requests For Information (US)

Mergers, acquisitions, and sales can be a common event for employers. These types of deals involve many moving parts, from both legal and operational perspectives. Given how complex deals can become, it can be easy to overlook obligations to labor unions when they arise. One recent National Labor Relations Board (“Board”) decision illustrates a key … Continue Reading

How Far Can An Employee Go To Protest Working Conditions? NLRB Provides Important Guidance (US)

The newly comprised National Labor Relations Board recently clarified a key outstanding issue for employers: when will an employee’s “outburst” or unprofessional conduct go so far that the National Labor Relations Act cannot protect the employee? The Board’s decision may disappoint employers who hoped the new Trump-appointed members would create a new test. Nevertheless, the … Continue Reading

NLRB Developments Raise Questions About New Joint Employer Test (US)

The National Labor Relations Board experienced a setback on Monday, just two months after it overturned its predecessors’ employee-friendly test for determining when entities constitute joint employers. These developments create some uncertainty and, at a minimum, delay the Board from implementing the new test it created last December.… Continue Reading

Major Developments for Union and Non-Union Employers – NLRB Announces New Standards For Employment Policies, Joint Employment, and Signals Change In Election Rules

The National Labor Relations Board (NLRB or Board) issued two groundbreaking decisions on December 14, which will give both union and non-union employers significantly more flexibility to manage their operations.  Earlier this week, the Board also signaled that it will revise the “quickie” election rules implemented in 2015 in the near future.  These developments will … Continue Reading

Federal Court Clarifies When Employers Must Pay Employees For Pre- or Post-Shift Activities

A federal court recently provided guidance on an issue that still vexes some employers, i.e., when they must pay employees for time spent on tasks immediately before or after a shift. Many employers require employees to take certain steps immediately before or after they start their actual shifts. For example, an employer might require an … Continue Reading

NLRB Provides Useful Guidance on Work Rules Protecting Customer Information

Last week, the National Labor Relations Board (NLRB) clarified when employers may prohibit employees from disclosing sensitive customer information. Unlike many recent NLRB decisions, this one contains some good news for employers. The NLRB recognized that despite recent precedent, employers might still protect certain sensitive customer information. It also shed light on how employers can … Continue Reading

National Labor Relations Board Moves A Step Further Away From Its Current Pro-Union Composition

On July 13, the National Labor Relations Board took another step to shift away from the staunchly pro-union agency that has existed over the last eight years. This occurred when the Senate labor committee considered the nominations of Marvin Kaplan and William Emanuel, whom the Trump Administration had put forward for the two vacant Board … Continue Reading
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