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Howard M. BloomBlog Posts

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NLRB Overrules Obama-Board Independent Contractor Precedent, Reinstates Common Law Test

The National Labor Relations Board has overruled FedEx Home Delivery, 361 NLRB 610 (2014). In that case, the Obama-Board decided that, in determining whether an individual is an independent contractor or an employee, “entrepreneurial opportunity represents merely ‘one aspect of a relevant factor that asks whether the evidence tends to show that the putative contractor … Continue Reading The post NLRB Overrules Obama-Board Independent Contractor Precedent, Reinstates Common Law Test appeared first on Labor & Collective Bargaining.
January 26, 2019

Report: Union Representation Numbers Remain Low

Once again, the percentage of private sector union-represented workers fell – to 6.4% in 2018, from 6.5% in 2017, according to the Bureau of Labor Statistics of the U.S. Department of Labor. Highlights from the “Union Members – 2018” report include: Men had a higher union representation rate than women (11.1% to 9.9%). Black employees … Continue Reading The post Report: Union Representation Numbers Remain Low appeared first on Labor & Collective Bargaining.
January 18, 2019

Labor Board Sets New Deadline for Submitting Comments on Proposed Joint-Employer Rulemaking

The National Labor Relations Board has extended the deadline for submitting comments regarding its proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act to December 13, 2018. The proposed rule was originally published in the Federal Register on September 14, 2018, and comments were due by November 13, 2018. … Continue Reading The post Labor Board Sets New Deadline for Submitting Comments on Proposed Joint-Employer Rulemaking appeared first on Labor & Collective Bargaining.
November 2, 2018

Unions to Face Greater Scrutiny for Negligent Conduct to Their Members

National Labor Relations Board’s field office staff have been directed to prosecute a broader array of cases against unions that engage in negligent behavior toward their members, according to an internal memorandum obtained by Bloomberg BNA. The Office of the General Counsel Memorandum expresses a marked contrast to the Board’s historical position with respect to … Continue Reading The post Unions to Face Greater Scrutiny for Negligent Conduct to Their Members appeared first on Labor & Collective Bargaining.
October 18, 2018

E-Verify Subject to Collective Bargaining

While I-9 compliance is important, companies cannot forget about other labor and employment laws. In May 2018, a meatpacking company in Illinois was caught between ICE and the National Labor Relations Board.ICE conducted an audit of the company’s I-9s. Upon notice of the audit, the company began implementing E-Verify. An NLRB judge ruled that the … Continue Reading The post E-Verify Subject to Collective Bargaining appeared first on Labor & Collective Bargaining.
October 1, 2018

NLRB’s Proposed Rule Adopts Pre-Browning-Ferris Joint-Employer Standard

The National Labor Relations Board has announced that it will publish a “Notice of Proposed Rulemaking” in the Federal Register regarding its joint-employer standard. The notice will be published on Friday, September 14. The proposed rule will adopt the pre-Browning-Ferris standard for determining if two or more employers are joint employers of employees. The “Notice … Continue Reading The post NLRB’s Proposed Rule Adopts Pre-Browning-Ferris Joint-Employer Standard appeared first on Labor & Collective Bargaining.
September 13, 2018

November 2018 Ballot Question Seeks to Impose Registered Nurse-to-Patient Ratio Limits on Massachusetts Health Care Facilities

The Massachusetts Supreme Judicial Court (SJC), the state’s highest court, has held that an Initiative Petition (Initiative Petition 17-07) seeking to create a new law (“The Patient Safety Act”) that would dictate to hospitals and acute care units in state-operated health care facilities the number of patients that may be assigned to a registered nurse...… Continue Reading
July 16, 2018

Ring Confirmed to Join NLRB

John Ring, a management labor attorney, has been confirmed by the U.S. Senate to a seat on the National Labor Relations Board, filling the NLRB’s only remaining vacancy.   Ring was confirmed by a 50-48 vote.  The Board now has a full complement of five members — three Republicans and two Democrats.  The Board is expected … Continue Reading The post Ring Confirmed to Join NLRB appeared first on Labor & Collective Bargaining.
April 11, 2018

John Ring Expected to be Confirmed to NLRB This Week

According to an April 9, 2018, press release by the office of United States Senator Lamar Alexander (R-Tenn.), John Ring, a management labor attorney, is expected to be confirmed by the Senate this week to serve as a member of the National Labor Relations Board. Alexander said: America’s workers will benefit from . . . … Continue Reading The post John Ring Expected to be Confirmed to NLRB This Week appeared first on Labor & Collective Bargaining.
April 10, 2018

Senate Vote on Labor Board Nominee Ring Scheduled

Floor consideration of the nomination of Republican John Ring to be a member of the National Labor Relations Board is scheduled to take place in the Senate on April 9. Ring is expected to be confirmed by the Republican-majority Senate. If he is confirmed, the NLRB will have a 3-to-2 Republican majority. (For more on … Continue Reading The post Senate Vote on Labor Board Nominee Ring Scheduled appeared first on Labor & Collective Bargaining.
March 23, 2018

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