Jacob L. Hirsch
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In many private arbitration agreements entered into in the non-union context, employers and employees agree that the proceedings shall remain confidential. On June 19, 2020, the Board addressed whether a confidentiality provision that arguably restricted an employee participating in the arbitration process from disclosing terms and conditions of employment violates the NLRA. The Board held, … Continue Reading
This morning the National Labor Relations Board (the “Board”) unveiled the final rule setting forth the new legal test it will apply in analyzing whether affiliated businesses are “joint employers”. The final rule, which will be effective on April 27, 2020, can be found here. Background On September 13, 2018 the Board published its proposed … Continue Reading
This summer has been punctuated by walkouts. We have seen walkouts in support of a $15 minimum wage and walkouts to protest the sale of goods to the government. Walking off the job is, of course, a staple of labor action, and generally speaking, employees are protected by the NLRA when the walkout is over … Continue Reading
NLRB Gives Green Light to Confidentiality Provisions in Individual Arbitration Agreements
By Mark Theodore, Joshua Fox and Jacob L. Hirsch on Posted in Uncategorized
NLRB Issues its Final Rule for its New Joint Employer Standard
By Steven Porzio and Jacob L. Hirsch on Posted in Joint Employer, NLRB
Employer’s Discipline of Employees Engaging In “Intermittent Strikes” Lawful: NLRB Majority
By Mark Theodore, Joshua Fox and Jacob L. Hirsch on Posted in NLRA, NLRB, Section 7, Section 8(a)(1), Strikes
