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Jon Klinghoffer Quoted in NLRB Article

Jon Klinghoffer Quoted in NLRB Third Party Ruling

October 18, 2019

The recent National Labor Relations Board ruling applying the agency's revamped Boeing test is the first of what could be many decisions giving more leeway for employers to control their workforce. The Boeing Test, which has a more employer-friendly approach, would direct administrative judges who resolve disputes to look at whether a n employees' interpretation of a rule is restricting their rights, and if so how does the effected workers' rights weigh against the employers' reason for maintaining the rule. If the latter outweighs the former, the rule stands.

But even if the board's Republican majority uses Boeing to set more employer-friendly precedent on workplace rules, the shift may be short-lived, said Jon Klinghoffer, a Goldberg Kohn principal who advises businesses on labor law. "The board is traditionally composed of three members from the president's party and two from the opposing party, so case law tends to shift dramatically when the White House changes hands. As such, employers shouldn't overreach by trying to impose rules that go beyond their business needs," he said. "Everything in labor law is relatively temporary, and sometimes it's just better to take a conservative approach if you're an employer, and you have a handbook that can survive an administration regardless of its views," he said.

To read the full article, please click here.

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