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Archive by tag: BeneschReturn

NLRB Continues to Define Employer Ability to Protect Property and Access; Overturns Union-Friendly Precedent

On Friday, September 6, 2019, the National Labor Relations Board (the “Board”) issued its third decision of the summer regarding employers’ ability to restrict access by nonemployees to its property (see prior analysis: Board Restricts Non-Employee...By: Benesch
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Benesch | Sep 10,2019 |

Misclassifying Workers Does Not Violate National Labor Relations Act

On August 29, 2019, the National Labor Relations Board (the “Board”) refused to extend the National Labor Relations Act (the “Act”) to create a new standalone violation under Section 8(a)(1). In Velox Express, Inc., 368 NLRB No. 61 (2019), the Board...By: Benesch
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Benesch | Sep 03,2019 |

Can Transportation Companies Continue to Provide Safe Drivers With All The New Laws Permitting Marijuana Use?

Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace, even for...By: Benesch
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Benesch | Aug 30,2019 |

InterConnect FLASH! No 74 - Transportation Worker Arbitration: It May Not Be Bullet-Proof, But It’s Like Chicken Soup (can’t hurt; might help)

Since then, many in the trucking industry have been considering and evaluating alternative ways to maintain a mechanism of dispute resolution through arbitration on an individual basis so as to avoid class actions, collective or representative...By: Benesch
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Benesch | Aug 29,2019 |

InterConnect Newsletter - Summer 2019

Employers around the country have a bumpy road to follow as they navigate the ever-changing marijuana laws and regulations. Pre-employment and post accident drug testing have been challenged in courts in almost every state where medical marijuana has...By: Benesch
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Benesch | Aug 28,2019 |

NLRB Rules that Employers Can Prohibit Access of Off-Duty Employees of Contractors for Section 7 Rights

A property owner generally has the right to control access to its property, including the rights to restrict hours of access, to prohibit certain activities when access is granted, and exclude or prevent access. These rights were affirmed by the...By: Benesch
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Benesch | Aug 27,2019 |

Salary History Bans and the Illinois Amended Equal Pay Act: What Employers Need to Know Now

The amendments to the Act prohibit Illinois employers and employment agencies from asking job applicants or their prior employers about an applicant’s salary history. The amendments are effective as of September 29, 2019....By: Benesch
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Benesch | Aug 19,2019 |

Proposed NLRB Rule-Making Aimed at Unions and Decertification Elections

The National Labor Relations Board (“NLRB”) announced last week that it was proposing a series of rule changes. The first and most important focuses on updating its “blocking charge” policy, as well as revising the rules surrounding the “voluntary...By: Benesch
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Benesch | Aug 14,2019 |

Chicago Set to Join Ranks of Cities Regulating Employee Scheduling

On July 24, 2019, the Chicago City Council approved the proposed Chicago Fair Workweek Ordinance, which will require employers to provide advance notice of employee work schedules and premium pay for schedule changes.  Once the law takes effect on...By: Benesch
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Benesch | Aug 09,2019 |

Board Ends Union’s “Gotcha” Strategy to Counter Anticipatory Withdrawal of Recognition

The National Labor Relations Board (“NLRB”) recently determined in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), that a new framework was required to analyze employees’ representation wishes when an employer receives evidence before an...By: Benesch
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Benesch | Jul 31,2019 |
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