Polsinelli at Work |  Labor & Employment Blog

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NLRB Judge Rejects Proposed Settlement In McDonald’s Joint Employer Case

NLRB Judge Rejects Proposed Settlement In McDonald’s Joint Employer Case

By: Henry Thomas

On July 17, 2018, a National Labor Relations Board (“Board”) Administrative Law Judge (“ALJ”) rejected a proposed settlement that would have concluded the  closely-watched consolidated unfair labor practice case against McDonald’s USA, LLC (“McDonald’s”), which has been ongoing for over three years.  The matter has drawn the interest of labor watchers, as the case hinges primarily on whether McDonald’s is a “joint employer” with its franchisees. 

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NLRB Releases Advice Memos Approving Employer Work Rules Under New Boeing Standard

NLRB Releases Advice Memos Approving Employer Work Rules Under New Boeing Standard

By: Michele Haydel Gehrke

On July 13, 2018, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released several memos authored by the Board’s Division of Advice, which offer further guidance to employers about how the Board will evaluate work rules under the new Boeing standard established in December 2017

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The NLRB Encourages the Use of its Alternative Dispute Resolution Program

The NLRB Encourages the Use of its Alternative Dispute Resolution Program

By: Adam Merrill

The National Labor Relations Board (“NLRB” or “Board”) is looking to enhance the use of its Alternative Dispute Resolution (“ADR”) program, which was established in 2005 to assist parties in settling unfair labor practice cases before the Board. According to the NLRB, its ADR program has been quite successful: parties who have chosen to participate in the ADR program have reached settlements in approximately 60 percent of cases, with the Board approving the parties’ settlements in each case.

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Time to Dust Off Colorado Physician Liquidated Damage Provisions

Time to Dust Off Colorado Physician Liquidated Damage Provisions

By: Gillian McKean Bidgood

Many Colorado physician employment agreements and equity agreements require physicians to pay liquidated damages if the physician competes with his/her former employer after leaving the organization.  The payment of damages are a work-around of the Colorado statute on restrictive covenants, which provides that a physician cannot be prevented from practicing through a restrictive covenant, but permits an organization to require a physician to pay for damages caused by termination of the employment or equity agreement, including damages caused by competition. Two recent legal developments suggest that health care organizations should take a look at their agreements that contain damages provisions for Colorado physicians. 

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Supreme Court Rules Unions Cannot Require Financial Support From Non-Member Public-Sector Employees

Supreme Court Rules Unions Cannot Require Financial Support From Non-Member Public-Sector Employees

By: Mark Nelson and Andrew McKinley

Today, the United States Supreme Court ruled unions cannot compel public employees they represent but who are not members to pay “agency fees,” which cover the cost of collective bargaining and processing grievances.  In Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466, the Court overruled its 1977 decision that permitted unions to extract agency fees from non-consenting, non-member employees they represented. 

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