Section 152 - Definitions

12 Analyses of this statute by attorneys

  1. House of Representatives Passes Legislation Limiting Joint-Employer Liability and Reversing Browning-Ferris

    Benesch, Friedlander, Coplan & Aronoff LLPPeter KirsanowNovember 16, 2017

    The bill was co-sponsored by 123 Representatives, including three Democrats. The Save Local Business Act would amend Section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)) and Section 3(d) of the Fair Labor Standards Act (29 U.S.C. 203(d)) by clarifying when a person or company is a joint employer. A person would qualify as a joint employer under the Save Local Business Act if the person “directly, actually, and immediately, and not in a limited and routine manner, exercises significant control over essential terms and conditions of employment.”

  2. Securitas Critical Infrastructure Services, Inc - Decision Summary

    National Labor Relations BoardApril 12, 2016

    The court explained that record evidence established that “a lieutenant must follow applicable procedures – some dictated by the physical security plan approved by the NRC – when acting as a response team leader in the event of a hostile attack at the plant.” That, the court stated, “is enough evidence to satisfy the substantial evidence standard, and to support the NLRB’s determination that Securitas failed to carry its burden of proving the lieutenants were supervisors under 29 U.S.C. § 152(11).” Further, the court rejected the Employer’s contention that it could not provide specific examples without violating NRC regulations that safeguard nuclear power plant security.The court explained that disclosure of such information “was not the exclusive means by which [the Employer] could have satisfied its burden of proof.”

  3. Fourth Circuit Backs NLRB on Supervisor Status

    FordHarrison LLPJacquelyn ThompsonJanuary 26, 2016

    The NLRA defines a "supervisor" as: A]ny individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline any other employees, . . . if in connection with the foregoing, the exercise of such authority is not merely routine or clerical in nature, but requires the use of independent judgment. 29 U.S.C. § 152(11). The Board and the Fourth Circuit heavily relied on the last part of the definition – the use of independent judgment – in denying the supervisory status of the employees at issue.

  4. House Panel Advances Bill to Clarify Joint Employer Standard

    Littler Mendelson, P.C.Ilyse SchumanOctober 29, 2015

    TREATMENT OF JOINT EMPLOYERS. Section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)) is amended by adding at the end the following: ‘‘Notwithstanding any other provision of this Act, two or more employers may be considered joint employers for purposes of this Act only if each employer shares and exercises control over essential terms and conditions of employment and such control over these matters is actual, direct, and immediate.’’ As expected, several Democratic members of the Committee voiced opposition to the bill.

  5. Employers Await Clarification On Joint Employment Standards Following NLRB Shift

    Welter Law Firm, P.C.Eric WelterOctober 15, 2015

    Such a shift would undermine volumes of settled legal precedent, and would expose prime contractors and franchisors to unlimited liability for the actions of their subcontractor’s employees, regardless of the control actually asserted.In response, both the House and Senate labor committees have introduced bills to “clarify the treatment of two or more employers as join employers under the National Labor Relations Act.” The House version, entitled the “Protecting Local Business Opportunity Act” (introduced September 9, 2015), effectively codifies the NLRB’s prior joint employer standard.It provides: Section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)) is amended by adding at the end the following: ‘‘Notwithstanding any other provision of this Act, two or more employers may be considered joint employers for purposes of this Act only if each shares and exercises control over essential terms and conditions of employment and such control over these matters is actual, direct, and immediate.’’.

  6. College Athletes as Employees

    Miller Canfield Paddock and Stone, PLCRobert ZielinskiFebruary 17, 2015

    The remaining 27 are deemed “walk-ons” who may or may not receive need based or academically awarded financial aid.12. 29 U.S.C. § 152(3) (2012).13. 516 U.S. 85, 94 (1995).14.

  7. Court Finds Sham Litigation Violates Secondary Boycott Provisions of NLRA, But NLRA Prohibitions Do Not Apply to Worker Centers

    Littler Mendelson, P.C.September 25, 2013

    Section 2(5) of the NLRA defines a “labor organization” as: any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. 29 U.S.C. § 152(5) (emphasis added). Central to the inquiry of whether an entity is a labor organization is the term “dealing with.”

  8. Registered Nurses, Serving as Charge Nurses, were Supervisors under NLRA, Federal Appeals Court Rules

    Jackson Lewis P.C.James R. MulroyJuly 17, 2013

    This petition for review and cross-application for enforcement followed.Applicable LawUnder the NLRA, a supervisor is defined as “any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.” 29 U.S.C. § 152(11). The U.S. Supreme Court has explained that individuals are supervisors if: (1)they hold the authority to engage in any one of the twelve listed supervisory functions, (2)their “exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment,” and (3)their authority is held “in the interest of the employer.”

  9. Eleventh Circuit Rules Licensed Professional Nurses Are Supervisors, Providing Strong Ammunition to Long-Term Healthcare Facilities

    Littler Mendelson, P.C.October 26, 2012

    The Board's general counsel filed a complaint and the Board granted summary judgment, finding that the facility violated the Act by refusing to bargain with the union.The Act's Test for Supervisory Authority and the Court's Analysis Under the Act, if the LPNs are "employees," they are guaranteed the right to unionize; if deemed "supervisors," they are not entitled to unionize. Section 2 of the Act, 29 U.S.C. section 152(11), defines a supervisor as: any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall,promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Accordingly, an individual is a "supervisor" under the Act if: (1) he or she has the authority to perform one of the 12 supervisory functions described in the statute; (2) the exercise of that authority requires the use of independent judgment; and (3) such authority is held in the interest of the employer.

  10. Significant Changes In The Regulation Of Temporary Staffing Coming To Massachusetts In 2013

    Ogletree, Deakins, Nash, Smoak & Stewart, P.C.September 26, 2012

    The new law also requires that a staffing agency post, in a conspicuous location in each of its places of business, notice of workers’ rights under this law and the contact information for the Massachusetts Department of Labor Standards. Staffing agencies need not comply with these notice requirements for employees that qualify as “professionals” as defined by the federal Fair Labor Standards Act (29 U.S.C. §152) or “secretaries or administrative assistants” whose primary duties involve one or more of the following: drafting or revising correspondence; scheduling appointments; creating, organizing, and maintaining paper and electronic files; and providing information to callers and visitors.Prohibited Fees and Deductions The new law also prohibits staffing agencies or worksite employers from charging a temporary employee for any of the following: The cost of registration with the staffing agency or the cost of procuring employment; The cost of performing a criminal record check; Any good or service, unless it is charged under the terms of a written contract with the employee, which clearly states in a language that the employee understands, that the purchase is voluntary and which provides that the staffing agency will not profit from any cost or fee charged to the employee; The provision of a drug screen, bank or debit card, or other form of payment if the charge to the employee exc