McMahon Berger

NLRB Continues to Broaden its Reach Over Non-Union Employers

In Fresh & Easy Neighborhood Market, Inc., 361 NLRB No. 12 (2014), the National Labor Relations Board (“NLRB”) considered whether an employee’s solicitation of assistance from her co-workers in raising sex harassment claims to her...

McMahon Berger

The NLRB authorizes complaints against McDonald’s, USA, LLC, as joint employer with its franchisees

The NRLB’s General Counsel, Richard F. Griffin, Jr., authorized complaints against McDonald’s franchisees and McDonald’s, USA, LLC (McDonald’s) as joint employers.  This decision marks a major departure from prior policy, and if upheld, could represent...

McMahon Berger

President Obama’s 2012 NLRB recess appointments were unconstitutional

Hundreds of National Labor Relations Board (NLRB) decisions now must be reconsidered, because the United States Supreme Court held President Obama’s 2012 NLRB recess appointments were unconstitutional.  Without the recess appointments, the Board lacked the...

McMahon Berger

President Obama to Sign Executive Order to Protect LGBT Workers

The White House has announced that President Obama plans to sign an Executive Order banning federal contractors from discriminating against their employees on the basis of sexual orientation and/or gender identity. LGBT organizations have sought...