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The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.

Labor Law (Private Sector)

2015 Legislative Update

February 2, 2015 by

In this year’s legislative session, as has become a tradition for Governor Brown, a number of labor and employment related statutes were signed (and others vetoed).  Some of these new laws are groundbreaking and provide… Read More

Yard-Man is Dead, Long Live Yard-Man!

January 28, 2015 by

In M&G Polymers v. Tackett a unanimous Supreme Court overturned the Sixth Circuit Court of Appeals’ seminal Yard-Man decision, but a concurring opinion by four justices has widened the door for retirees in other circuits… Read More

NLRB Revises Managerial Employee Exclusion and Religious Institution Exemption in Higher Education

January 7, 2015 by

In the December 16 decision in Pacific Lutheran University, the NLRB extended the reach of the National Labor Relations Act (Act) with respect to higher education faculty under the religious institution exemption and the managerial… Read More

NLRB Recognizes Times Have Changed: Employees May Use Employer’s Email for Union Talk

December 15, 2014 by

The NLRB has ruled that employers may not prohibit employees from using company email systems to engage in union communications during nonworking time.  In Purple Communications Inc., issued December 11, 2014, the Board held that… Read More

NLRB Issues Final Rule to Modernize and Streamline Election Procedures


New election rules just adopted by the National Labor Relations Board should expedite union elections and limit employer delaying tactics in the NLRB election process, thus expediting union organizing efforts. The new election rules take… Read More

NLRB Affirms that FedEx Delivery Drivers are Employees, Not Independent Contractors, and Entitled to Unionize

October 21, 2014 by

The National Labor Relations Board (NLRB) has decided that FedEx’s home delivery drivers are employees who have the right to join a union, and not independent contractors as FedEx has long contended.  This decision comes… Read More

NLRB OK’s Departmental Bargaining Unit – What’s the Big Deal?

August 11, 2014 by

The NLRB on July 22 issued its “long awaited” decision in Macy’s, 361 NLRB No. 4, approving an election in a petitioned-for unit limited to employees working in a single department of the store. The… Read More

US Supreme Court Negates Obama’s “Recess” Appointments to NLRB

June 26, 2014 by

The Supreme Court today issued its decision in NLRB v. Noel Canning invalidating at least two of the three members President Obama appointed to the National Labor Relations Board in 2012 as “recess” appointments. Recess… Read More

NLRB to Revisit Joint Employer Test

June 2, 2014 by

The National Labor Relations Board has long recognized that employees can have more than one employer, and can be jointly employed for purposes of collective bargaining.  This joint employer issue results in some complexity in… Read More

Teamsters and California Hauling Company Reach Settlement through NLRB – Back Wages and New Bargaining Agreement Result

May 12, 2014 by

A three-year effort by the employees of an aggregate-hauling company in Marysville, California and by Teamsters Local 137 to represent those employees ended in success last week with a settlement spearheaded by Region 20 of… Read More