NLRB: Everyone’s a Joint Employer

By Patrick Scully In a widely dreaded reversal of more than 30 years of precedent, a majority of the NLRB found that an alleged joint employer does not have to actively “codetermine” or control terms and conditions of employment in order to be considered the “employer” of its contractor’s employees. Under the standard announced yesterday, […]

FCRA Tip: Keep Hands On

By Bill Wright A federal trial court will conduct a trial on a Fair Credit Reporting Act claim because the employer streamlined its background check system. In this case, a bank used a third party service provider to conduct background checks in compliance with the FCRA. The provider would get consent from the applicant, conduct […]

Board Penalizes Legal Argument

By Bill Wright Previously, we described a court’s reaction when some plaintiff-employees tried to reinstate their collective wage claim in court using a belated NLRB order against class action arbitration waivers. (See: Court Order Trumps Board) The NLRB is trying again to limit employers’ use of individual arbitration agreements with employees. In Countrywide Financial Corp. et […]

The NLRB Chooses Not to Play

By Bill Wright The NLRB has ruled on the representation petition for Northwestern University student football players. You’ll remember, last year, the NLRB’s Regional Director decided that student athletes who received grant-in-aid athletic scholarships at Northwestern University were actually employees of the university and that they could petition for union representation. The issue went up […]

What’s the Alternative?

By Bill Wright FEMA Employees sued when FEMA closed its Puerto Rico-based call center. The call center was originally a “temporary” center set up to address calls from Spanish-speaking victims of a hurricane. The leased facility was inadequate for a permanent call center; working there posed employee health and safety risks. FEMA let the lease […]