The misclassification of an independent contractor is an unfair labor practice under the NLRA, according to Administrative Law Judge Dickie Montemayor. Intermodal Bridge Transp., No. 21-CA-157647 (Nov. 28, 2017).

ALJ Montemayor said that, because such misclassification chills future concerted activity and necessarily “deprives and conceals available protections” afforded to employees under the NLRA, misclassification

Local governments may enact “right to work” laws, the U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, has held. United Auto Workers v. Hardin County, No. 16-5246 (Nov. 18, 2016). The Court ruled that such a law is not preempted by the National Labor Relations Act. This is the first federal appellate

The U.S. Chamber of Commerce has challenged the Seattle City Ordinance giving drivers of app-based transportation companies that use independent contractors to provide services (such as Uber and Lyft) the right to collectively bargain.  (See our post, Seattle City Council Enacts Ordinance Giving Drivers Right to Collectively Bargain, Legal Challenges Expected.)

On its face,

Landmark legislation giving drivers of app-based transportation companies, such as Uber and Lyft, the right to collectively bargain, has been passed by the Seattle City Council.  However, the new law faces significant legal hurdles.

Although the new law, enacted on December 13, on its face is intended to improve public health, safety and welfare by

Pointing to the NLRB’s 15-month delay in filing its petition as undermining its claim of irreparable injury, a federal district court in Illinois has denied the National Labor Relations Board’s application for injunctive relief against an employer under Section 10(j) of the National Labor Relations Act. Ohr v. Arlington Metals Corporation, 2015 U.S. Dist.

In a controversial but not unexpected decision, reversing precedent, a majority of the National Labor Relations Board held that absent special circumstances that justify specific restrictions employers must permit employees who have been provided access to their employer’s email system to use email for statutorily protected communications on their nonworking time  Purple Communications, Inc.,

On December 8, the Senate confirmed Lauren McFerran (D) as a member of the National Labor Relations Board by a vote of 54-40, along party lines. Ms.  McFerran will replace Democrat Nancy Schiffer, whose appointment is set to expire December 16, 2014.  Employers should expect that her views will be similar to Member Schiffer’s pro-labor

The Senate Committee on Health, Education, Labor and Pensions has voted to recommend Senate confirmation of Democrat Lauren McFerran, President Barack Obama’s recent nominee  to the National Labor Relations Board.  During the December 2 vote, McFerran’s nomination was supported by the 12 Democrats on the Committee and opposed by all 10 Republicans. According to Senate