Daniel R. Simandl

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Articles

Fifth Circuit Redresses NLRB’s Tesla Decision but the Board Remains Undaunted

Dec 14, 2023 | managementmemo.com | Steven M. Swirsky |Daniel R. Simandl |Erin Schaefer

After a flurry of pro-employee National Labor Relations Board (“NLRB”) decisions, the Fifth Circuit gave employers a glimmer of hope, rejecting the Board’s recent rule issued in Tesla, Inc., 371 NLRB No. 131 (2022) that effectively put every employer’s appearance, dress code and uniform policy in jeopardy of violating Board law if it could be read to limit employees’ ability to wear union apparel or insignia in any way unless the employer is able to meet the high burden of demonstrating that...
Biden NLRB Reverts to Obama Era Independent Contractor Test: Test Previously Rejected by DC Circuit

Jun 28, 2023 | lexblog.com | Erin Schaefer |Daniel R. Simandl |Steven M. Swirsky

Shocking few NLRB observers, the National Labor Relations Board (NLRB), in The Atlanta Opera, Inc., Case 10-RC-276292, a 3-1 decision issued June 13, 2023, announced its modified standard for analyzing whether workers are employees or independent contractors of an employer, returning to the test last articulated by the Obama era Board in FedEx II, 362 NLRB 610 (2014), and overruling the Trump era SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019).
Chicago Employers Must Hold Sexual Harassment Training by July 1

Jun 13, 2023 | natlawreview.com | Daniel R. Simandl

Employers subject to the City of Chicago’s Sexual Harassment Ordinance must comply with the updated training requirements by June 30th or risk penalty. As we previously advised, the amended Chicago Human Rights Ordinance requires all employers with at least one employee working within the geographical boundaries of the City of Chicago to provide the following annual training:All employees must participate in a minimum of one hour of sexual harassment prevention training.
Hospitals May Risk Penalties with Use of “Gig” Nurses

May 8, 2023 | lexblog.com | Erin Sutton |Daniel R. Simandl

As health care entities around the country face staffing shortages, hospitals have started to turn to apps to fill nursing shifts. New apps allow hospitals to engage nurses as independent contractors to fill open shifts, allowing nurses to bid on shifts and select hours that match their schedule.
D.C. Court of Appeals Scraps Substantive Changes from NLRB’s 2019 Final Rule on Election Procedures but Upholds Procedural Changes

Feb 23, 2023 | natlawreview.com | Daniel R. Simandl

Thursday, February 23, 2023 On January 17, 2023, the U.S. Court of Appeals for the D.C. Circuit partially reversed and partially upheld a District Court decision that enjoined five rules promulgated by the National Labor Relations Board (“NLRB” or “Board”) in 2019 by the Trump-era Board (“2019 Rule”) to modify the Board’s representation election procedures. The 2019 Rule attempted to ease some of the “quickie election” rules established in 2014 by the Obama-era Board (“2014 Rule”).