Health Employment And Labor labor and employment law for the healthcare industry

Tag Archives: National Labor Relations Board

Changes to NLRB Election Rules and Employee Handbook and Email Standards Are Likely Under Miscimarra

Our colleague Steven M. Swirsky, a Member of the Firm at Epstein Becker Green, has a post on the Management Memo blog that will be of interest to many of our readers in the health care industry: “NLRB Acting Chair Dissents Point to Likely Changes to Board Election Rules and Employee Handbook and Email Standards.”

Following is an excerpt:

NLRB Acting Chair Philip Miscimarra has given the clearest indication to date of what steps a new Republican majority is likely to take to reverse key elements of the Labor Board’s hallmark actions of the Obama administration once … Continue Reading

Are You a Joint-Employer with Your Suppliers? NLRB Examines Corporate Social Responsibility Policies

Our colleague Steven M. Swirsky, a Member of the Firm at Epstein Becker Green, has a post on the Management Memo blog that will be of interest to many of our readers in the health care industry: “Can Your Corporate Social Responsibility Policy Make You a Joint-Employer With Your Suppliers? The NLRB May Find That It Does

Following is an excerpt:

The National Labor Relations Board (NLRB or Board), which continues to apply an ever expanding standard for determining whether a company that contracts with another business to supply contract labor or services in support of its operations … Continue Reading

NLRB Multiplies Impact of Expanded Joint Employer Test: Requires Bargaining in Combined Units Across Multiple Employers

Our colleagues Adam C. Abrahms and Steven M. Swirsky, attorneys at Epstein Becker Green, have a post on the Management Memo blog that will be of interest to many of our readers in the health care industry: “NLRB Drops Other Shoe on Temporary/Contract Employee Relationships: Ruling Will Require Bargaining In Combined Units Including Employees of Multiple Employers – Greatly Multiplies Impact of BFI Expanded Joint Employer Test.”

Following is an excerpt:

The National Labor Relations Board (“NLRB” or “Board”) announced in its 3-1 decision in Miller & Anderson, 364 NLRB #39 (2016) that it will now … Continue Reading

Seventh Circuit Court of Appeals Sides with NLRB on Class Action Waivers and Mandatory Arbitration

Our colleague Steven M. Swirsky, a Member of the Firm at Epstein Becker Green, has a post on the Management Memo blog that will be of interest to many of our readers in the health care industry: “Federal Appeals Court Sides with NLRB – Holds Arbitration Agreement and Class Action Waiver Violates Employee Rights and Unenforceable.

Following is an excerpt:

The US Court of Appeals for the Seventh Circuit in Chicago has now sided with the National Labor Relations Board (NLRB or Board) in its decision in Lewis v. Epic Systems Corporation, and found that an employer’s arbitration … Continue Reading

NLRB Issues Critical Guidance On Employer Handbooks, Rules and Policies, Including “Approved” Language

My colleagues Steven M. Swirsky and Adam C. Abrahms published a Management Memo blog post that will be of interest to many of our readers: “NLRB Issues Critical Guidance on Employer Handbooks, Rules and Policies Including “Approved” Language.”

Following is an excerpt:

On March 18, 2015, NLRB General Counsel Richard F. Griffin, Jr. issued General Counsel Memorandum GC 15-04 containing extensive guidance as to the General Counsel’s views as to what types employer polices and rules, in handbooks and otherwise, will be considered by the NLRB investigators and regional offices to be lawful and which are likely to … Continue Reading

NLRB Receives Spirited Debate Over Ambush Election Rules During Public Meeting

For 2 days, the National Labor Relations Board (NLRB) heard from speakers on its proposed rules to accelerate the processing of union representation petitions and quicken the timing of elections.  The speakers ranged from several labor unions, including the UFCW, SEIU, CWA and AFL-CIO as well as a number of trade associations, including National Federation of Independent Businesses, Coalition for a Democratic Workplace, National Association of Manufacturers, U.S. Chamber of Commerce, and EBG client, National Grocers Association (NGA).  The positions of the parties were largely split between the labor unions applauding the NLRB’s proposed rule on making elections faster; whereas, … Continue Reading

Groundhog Day: Pro-Labor NLRB Again Attempts to Put The “Fix” In Union Elections: Reissues Discredited “Ambush” Election Rules

By Steven M. Swirsky, Adam C. Abrahms, Kara M. Maciel and Casey M. Cosentino

As previously predicted by the Management Memo on August 1, 2013 and October 30, 2013, the National Labor Relations Board (the “Board”) issued a second Notice of Proposed Rulemaking (“NPRM”) to amend its existing rules and regulations governing union elections procedures. If they look familiar when you see them, there is a good reason for that: you have seen them before.

As readers of the Management Memo are well aware, the NPRM is the latest development in the long saga of organized labor’s … Continue Reading

Frank Morris’s “Top 5” Action Items for Employers in 2014

Our colleague Frank C. Morris, Jr., at Epstein Becker Green wrote the December issue of Take 5, with five key action items for employers in 2014. Following is an excerpt:

It’s December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get priority attention for 2014 as part of a proactive approach to workplace issues and limiting potential employment and labor law claims? This month’s Take 5 provides a “Top 5″ list of action items to maximize … Continue Reading

NLRB Continues Pro-Union Agenda

It is no secret that the National Labor Relations Board (the “Board”) is engaged in a purposeful and partisan attempt to issue rules and decisions that benefit unions, often to the detriment of employers, including attempts by the Board to assert itself into non-union workplaces.    The decisions that the Board has issued over the past few weeks illustrate that this trend is likely to continue during President Obama’s second term.  Indeed, the holiday season has provided unions with additional reason to celebrate as, among other things, the Board has overturned decades of precedent with regard to the law … Continue Reading

NLRB Attacks At-Will Employment Policies & Confidentiality in HR Investigations

Over the past several weeks the National Labor Relations Board (the “Board”) has come down with a series of decisions that attack the very fabric of the employee-employer relationship: at-will employment.  Then, in nothing short of a Las Vegas-style double or nothing gambit, the Board did not stop there, but instead doubled down on their offensive against employers by rendering unlawful the confidentiality requirements (pdf) that many health care employers follow in internal investigations.

Almost all employers have a provision in its employee handbook explaining that employees are employed on an at-will basis, meaning that either the employee or … Continue Reading

Epstein Becker Green Examines Recent Union-Friendly Decisions by the NLRB and Their Impact on Employers

A two-part video featuring Paul Rosenberg and Evan Rosen

The past year has seen a radical transformation of the rules and laws governing labor relations. The National Labor Relations Board (NLRB), through both its rule-making and decision-making powers, has made a series of changes with one thing in common–labor unions will find it easier to organize employees and achieve their expansion goals. To help employers understand these new changes by the NLRB and how they affect them, the national law firm of Epstein Becker Green, through its Health Employment And Labor (HEAL) Group, has teamed up with … Continue Reading

NLRB Notice Posting Rule Enjoined

Written by: Evan Rosen

As we have previously reported on this blog, the National Labor Relations Board (the “Board”) issued a highly controversial rule requiring private employers to post a notice informing employees of their right to join or form a union.  Implementation of the rule has been postponed several times, but was finally set to go into effect on April 30, 2012.

Thankfully, the courts have once again intervened to provide a respite to employers.  Today, the D.C. Circuit Court enjoined implementation of the rule pending an appeal in the underlying case brought against the Board by several trade … Continue Reading

Connecticut Nursing Home Chain Targeted—Again—By National Labor Relations Board

The National Labor Relations Board (the “Board”) recently filed its fourth complaint (since March 2011) against Care Realty and Healthbridge Management, the owner and operator of several Connecticut nursing homes.  The Board’s three prior complaints against Care Realty had included allegations of unilateral changes to work hours, benefit eligibility requirements, holiday and vacation benefits, subcontracting of employees, and allegedly unlawful solicitation policies.  The Board’s latest complaint, filed on February 29, 2012, alleges that the nursing home violated the National Labor Relations Act when it: (1) engaged in bargaining proposals that the Board views as predictably unacceptable to the union; (2) … Continue Reading

Social Media, the National Labor Relations Board, and Why Health Care Employers Should Be Concerned

Written By:  Ana S. Salper

Social media has revolutionized how we communicate with one another. From Facebook to Twitter, YouTube to blogs, social networking sites have permeated the workplace in ways that have significant implications for all employers.

Social media is both a source for marketing and promoting companies and products as well as an enterprise risk factor if not used appropriately or in a compliant way. In the health care industry, with the Health Insurance Portability and Accountability Act (“HIPAA”) and other privacy laws at stake, employers must have a heightened sensitivity to ensuring that confidential health information is … Continue Reading

Union Posting Rule Postponed Three Months

On August 30, 2011, the National Labor Relations Board (the “Board”) issued a highly controversial and very pro-labor rule requiring employers to post notices informing employees of their right to join or form a union.  The rule was originally supposed to go into effect in November, but was subsequently pushed back to January 31, 2012 as a result of mounting criticism against the rule.  Indeed, several lawsuits have been filed by business groups alleging that the Board overstepped its discretion in imposing the rule on employers.  A federal judge in one of the cases recently asked the Board to further … Continue Reading