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Timothy J. RyanBlog Posts

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Bargaining Power Restored: NLRB Holds Dues Checkoff Ends at Contract Expiration

The National Labor Relations Board has held that an employer has no obligation to continue deducting union dues from employee paychecks pursuant to a dues checkoff provision in a collective bargaining agreement (CBA) after the CBA expires. Valley Hospital Medical Center, 368 NLRB No. 139 (Dec. 16, 2019). Chairman John Ring and Members William Emanuel... Continue Reading
December 17, 2019

Discharge of Employee Who Protested Illegal Policy By Himself Ran Afoul of NLRA, Federal Appeals Court Rules

An employee who was discharged after protesting an admittedly illegal policy was entitled to reinstatement and back pay despite having acted on his own, the federal appeals court in New York has ruled, enforcing a National Labor Relations Board order. National Labor Relations Board v. Long Island Ass’n for AIDS Care, Inc., No. 16-2325 (2d … Continue Reading The post Discharge of Employee Who Protested Illegal Policy By Himself Ran Afoul of NLRA, Federal Appeals Court Rules appeared first on Labor & Collective Bargaining.
September 19, 2017

NLRB Signals More Trouble Ahead For Employers That Misclassify Employees

For a variety of reasons, employers may prefer to treat those who provide services to them as independent contractors rather than employees. However, when employers exercise a sufficient level of control over the ostensible independent contractors (as outlined in various “factor” tests), they may be considered employees under the law. If that happens, employers can … Continue Reading The post NLRB Signals More Trouble Ahead For Employers That Misclassify Employees appeared first on Labor & Collective Bargaining.
September 23, 2016