Archives: NLRB

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Alter Egos: Where Fiction Becomes Labor Law And Vice Versa

Bruce Wayne. Clark Kent. Sir Percy Blakeney. In addition to being dashing literary figures, each of these men share a common trait – each has an alter ego. Donning a cape, the stoic Bruce Wayne becomes the intrepid Batman. The nerdy, spectacled Clark Kent transforms into the swashbuckling Superman. The foppish, self-obsessed Sir Percy Blakeney … Continue Reading

NLRB Toasts Chicago Bakery On English-Spanish Translation

Mistranslation is both innocent and ubiquitous. Mark Twain had fun with the mistranslations of one of his short stories into French. Indeed, literary superstars frequently acknowledge that translations are invariably imperfect. Jorge Luis Borges’ line — “the original is unfaithful to the translation” — exposes that variance with irony. Both the innocence and the inevitability … Continue Reading

Employee Calls You A “F****** Crook” While Complaining About Work And Wages: Now What?

It’s late afternoon. You call a three-month employee into a small conference room – along with two managers – for a talk about his attitude. He complains that he and his coworkers aren’t paid enough, don’t receive proper breaks, and the bathrooms are too far away; you say he can always work somewhere else. The … Continue Reading


When there is news of faith-based groups, student associations, worker centers, and other community organizations confronting employers, the appropriate response may be to borrow a classic New Orleans line: who dat? Close inspection may reveal that it is nothing more than a labor union in disguise. There is a simple rule that boys from the … Continue Reading

Successor Liability For Employment-Related Claims: A Pain In The Assets

There is a myth that buyers are protected from employment liabilities arising under prior ownership if there is a broad disclaimer and if it is an asset purchase. Not so. Sure, the “general rule” is that a purchaser of another company’s assets does not assume the seller’s liabilities.* But, employment law is the exception to … Continue Reading

Tactics In Addressing Union Information Requests

‘TEN-HUT, unionized employers! In the 21st century, information requests mean battle. Sometimes, information requests are simple and short. Other times, they are 35 pages long with 150 separate requests, 12 subparts each, including everything but requests for the blood type and astrology signs of all your managers since 1992. Either way, there is a military … Continue Reading

HR Life and Law in Hollywood

What all of us do—solve legal problems arising in the workplace—occasionally appears on film. Sometimes accurate; sometimes flawed; and sometimes funny. To collect those Hollywood moments, we sent our college interns (Elizabeth Hernandez, Heidi Savabi, and Chandler James) into NetFlix and YouTube to search for nominees. Now, we invite you to vote for your favorite … Continue Reading

You’ve Got Another Thing Coming If You Read That “City of Arlington” Expands Agency Deference

Both the Department of Labor and the National Labor Relations Board — in separate cases – just cited a recent Supreme Court decision as their trump card. See “High Court Ruling Hurts Case Against Poster Rule, NLRB Says,” Employment Law 360 (May 24, 2013) and “DOL Says High Court Ruling Bolsters Tip Pool Rule,” Employment … Continue Reading

Neutrality and the NLRB

Spend enough time around the water cooler with people who represent employers before the National Labor Relations Board and you will invariably hear comments like “the deck is stacked against us” or “the Board simply does the unions’ bidding,” etc. Such comments just as invariably rest on gut feelings, an experience in a discrete case … Continue Reading