The headlines are everywhere. Take The Guardian, for example, which recently published an article titled “Booming US cannabis industry seen as fertile ground for union expansion.” (Michael Sainato, The Guardian, July 31, 2022.) The piece touts the growth in the cannabis industry, noting that the sector grossed between $17.5 billion and $21.3 billion in revenue …
The NLRB Returns to Pre-Obama-Era Board Standards in Two Significant Decisions
On December 16, 2019, the National Labor Relations Board (NLRB or Board) issued two significant decisions overruling Obama-era NLRB decisions. Both decisions were 3-1 with the three Republican appointees, Chairman Ring, Member Kaplan, and Member Emanuel joining in the majority, and the Democrat appointee, Member McFerran, writing a dissent. In Caesars Entertainment d/b/a/ Rio All-Suites …
Continue reading “The NLRB Returns to Pre-Obama-Era Board Standards in Two Significant Decisions”
NLRB Focuses on “Entrepreneurial Opportunity” to Return to Pre-Obama Board Independent Contractor Test
For those keeping track, there are a number of different (yet somewhat similar) tests agencies and courts use to determine whether a worker is an employee or an independent contractor. For example, there is the Right-to-Control Test that the Internal Revenue Service uses for federal tax purposes, which is not to be confused with the …
New Ohio Law on Joint Employer Status Limits Franchisors From State Employment Laws
Relevant Background Regarding Joint Employer Status Joint employer status continues to be a major issue at all levels of the debate, including with the National Labor Relations Board (NLRB) and federal and state courts. This is highlighted by the recent conflict that arose in December 2018 with the D.C. Circuit’s decision in Browning-Ferris Industries of …
Five Common Employer Social Media Mistakes and How to Avoid Them
Social media has been and will continue to be an issue for employers. It has become the way people, especially Millennials, who make up a significant amount of the restaurant-industry workforce, communicate. When most employers think about social media in the workplace, they tend to think solely in terms of the high-profile social media firing …
Continue reading “Five Common Employer Social Media Mistakes and How to Avoid Them”
Keep Rollin’ Rollin’ Rollin’: DOL Reissues 17 Opinion Letters That Had Been Withdrawn Under the Obama Administration
In late June 2017, the United States Department of Labor (DOL) announced it would be reinstating Opinion Letters issued by its Wage and Hour Division, which was a practice that had ceased back in 2010. This announcement is significant from both the procedural and substantive basis. From 2010 to July 2017, Opinion Letters were replaced by …
RECORDING WORKPLACE CONVERSATIONS IN CANADA VERSUS THE UNITED STATES
By Eric Kay and Sara Jodka There has been a recent trend whereby one party to a workplace conversation secretly records it and then attempts to use it as evidence against the other party. Typically, but not always, the recording party is the employee. The law in Canada allows one party to a conversation to …
Continue reading “RECORDING WORKPLACE CONVERSATIONS IN CANADA VERSUS THE UNITED STATES”