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The NLRB has solicited briefs in two cases challenging Trump-era decisions. One case challenges a decision that made it more difficult for a union to organize micro-units. The other case challenges the current test for determining whether a worker is an employee or an independent contractor.
• One of the most powerful organizing tools for Big Labor is micro-units, i.e., subsets of a larger unit of employees who have a community of interest. Micro-units may be as small as a single classification or a single department. Unions use this tactic when organizing the larger unit is not likely to succeed.
• Whether an independent contractor is, in fact, an employee, dictates whether the worker is protected by the National Labor Relations Act, including the right to be represented by a union. Narrowing the definition of independent contractors so that a greater number of workers acquire the rights of employees under the law not only can expand an employer’s workforce, but increase the number of workers who may be represented by a union.
From the public statements by Board members, it is all but certain that soliciting briefs for these cases is just a first step in achieving the current Board’s objective of increasing the percentage of American workers who are represented by labor unions. This webinar will discuss strategies employers can use to protect against the intended effects of these imminent changes.
Credits: 1.0 CA CLE; 1.2 NJ CLE; 1.0 NY CLE; 1.0 PA CLE; 1.0 HRCI; 1.0 SHRM
(Other states available for CLE credits upon request)
To pay by check for this program, please fill out this Registration Form
Nonprofits: When registering, please use the promo code NPDiscount22 when adding this course to your cart to receive your 10% discount.
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