Nicki Massman’s Post

The National Labor Relations Board (NLRB) overhauled the criteria for determining joint-employer status under the National Labor Relations Act with its Final Rule issued on October 26, 2023. The updated standard outlines that two entities can be considered joint employers of the same group of employees if they both maintain an employment relationship with these employees and share or determine the essential terms of employment. These terms include wages, work hours, job duties, supervision, work rules, employee tenure, and safety conditions. This new regulation supersedes the 2020 rule set by the previous Board, reverting to a more traditional common-law agency approach. It lowers the bar for establishing joint-employer status, focusing on the right to control employment terms, irrespective of whether this control is direct, indirect, or even unexercised. This contrasts with the 2020 standard that required evidence of substantial, direct, and immediate control over essential employment terms, a criterion not rooted in common law. According to the Board, the 2023 rule aims to provide clarity on the obligations and rights of parties in joint-employer scenarios, which was a point of contention under the previous standard. It marks a significant shift in labor policy, likely affecting many employer-employee relationships. The rule is scheduled to take effect on December 26—but will almost certainly be tested in legal challenges in the weeks and months ahead.

New Post: Labor Relations Specialists - https://lnkd.in/eUvVjVeW Relations Specialists play a critical role in managing relationships between employers and employees, particularly in unionized environments. They are responsible for ensuring that labor agreements are upheld, addressing workplace disputes, and promoting positive labor relations. This occupation demands a deep understanding of labor laws and regulations, negotiation skills, and the ability to balance the…

In August, the National Labor Relations Board (NLRB) declared it would reduce the duration between union petitions and elections from 20 days to the "earliest date practicable," with an aim of 8 calendar days. This new rule will be implemented on December 26, 2023, in the United States. If your organization has not yet done so, consider working closely with an employee relations expert and legal counsel to evaluate your current labor relations strategies and establish methods to assess employee engagement in the workplace. It is also helpful to understand that although supervisors are excluded from statutory coverage of the National Labor Relations Act (NLRA), they are frequently the main source of communication and information for frontline employees. It is important for your organization to be able to identify who is considered a statutory supervisor and to provide adequate training to existing supervisors and middle managers to handle workplace trends impacting compliance with labor laws. Contact Clearheadedllc.com if your organization is looking for a reliable partner for employee relations solutions and expertise.

Last month, the National Labor Relations Board (NLRB) issued a long-awaited decision in Stericycle Inc. adopting a new legal standard to determine whether a company policy or workplace rule is facially unlawful under Section 8(a)(1) of the National Labor Relations Act (NLRA), which protects employees’ rights under Section 7 of the NLRA to engage in concerted, protected activity on matters relating to the terms and conditions of their employment. Under Stericycle, a company policy or workplace rule is facially unlawful if it has a "reasonable tendency to chill employees from exercising their Section 7 rights." Importantly, employers must now focus on whether the rule or policy has a reasonable tendency to interfere with, restrain, or coerce employees who contemplate engaging in protected activity. The NLRB will interpret this rule from the perspective of a reasonable employee and by taking into account that employee's “economic dependency” on the employer. The employer's rationale for maintaining the rule is immaterial.  Learn more: https://lnkd.in/gA669x4J

New Post: Labor Relations Specialists - https://lnkd.in/eBYVZTpa Relations Specialists play a critical role in managing relationships between employers and employees, particularly in unionized environments. They are responsible for ensuring that labor agreements are upheld, addressing workplace disputes, and promoting positive labor relations. This occupation demands a deep understanding of labor laws and regulations, negotiation skills, and the ability to balance the…

Last month, the National Labor Relations Board (NLRB) issued a long-awaited decision in Stericycle Inc. adopting a new legal standard to determine whether a company policy or workplace rule is facially unlawful under Section 8(a)(1) of the National Labor Relations Act (NLRA), which protects employees’ rights under Section 7 of the NLRA to engage in concerted, protected activity on matters relating to the terms and conditions of their employment. Under Stericycle, a company policy or workplace rule is facially unlawful if it has a "reasonable tendency to chill employees from exercising their Section 7 rights." Importantly, employers must now focus on whether the rule or policy has a reasonable tendency to interfere with, restrain, or coerce employees who contemplate engaging in protected activity. The NLRB will interpret this rule from the perspective of a reasonable employee and by taking into account that employee's “economic dependency” on the employer. The employer's rationale for maintaining the rule is immaterial. Read more here: https://lnkd.in/gA669x4J

https://lnkd.in/eFBcUkwF This is pretty thin stuff albeit with a germ of truth in it. It is not just HR skills that need rebuilding - it is the entire model of employment relations

The National Labor Relations Board (“NLRB”) continues its string of employee-friendly decisions, this time adopting a much broader test for what is considered “protected and concerted activity.” Before I get into the decision, let’s talk about “protected and concerted activity” and why it matters to employers and employees alike. Section 7 of the National Labor Relations Act, which is the law enforced by the NLRB, protects employees’ right to engage in concerted activities for the purpose of mutual aid or protection. That’s “protected and concerted activity.” Whether an employee’s conduct qualifies as “concerted” depends on whether their activity is linked to those of other employees. On the other hand, whether the employee’s activity is for “mutual aid or protection” focuses on whether the employee(s) involved are collectively seeking to improve their conditions of employment. This standard applies to union and union-free settings. In other words, this is a “thing” for every employer. With that background, let’s talk about the NLRB’s most recent ruling. On August 31, 2023, in a case called Miller Plastic Products, Inc., the Democratic-majority Board panel ruled that in future cases, it would look to the “totality of the circumstances” on a case-by-case basis to determine whether an employee engaged in protected concerted activity, qualifying for protection under the NLRA. The prior Trump-era Board had a much stricter standard, holding that employees must demonstrate prior “concerted” activity in order to prove their conduct was protected, and raising concerns in a group was not necessarily protected. In this new decision, the NLRB overturned the Trump-era ruling holding that “the question of whether an employee has engaged in concerted activity is a factual one based on the totality of the record evidence.” ⁉️ What does this mean for employers? This ruling makes it easier for employees to challenge workplace policies and practices. Applying a “totality of the circumstances” test without any identifiable factors means that it will be more difficult for employers to evaluate whether particular actions are or are not protected by the NLRA. Thus, it will be challenging for employers to assess with any degree of certainty whether individual conduct or complaints are ultimately deemed “concerted” by the Board and thus protected by the NLRA. Employers can expect the NLRB to continue to issue employee-friendly rulings. Thus, it’s critical to continue to consult local labor counsel to make sure these rapid-fire changes are addressed going forward. #law #lawyer #hr #employmentlaw

Our lawyers share five key takeaways for employers on the National Labor Relations Board’s new standard for determining joint-employer status. 

Labor board investigations usually last 3-6 months, but can go on for years. Learn how labor relations software can help employers manage this process. #LaborRelations #HRtech #HRmanagement #HRsoftware #DigitalTransformation