NLRB Finds Lieutenants Guarding Nuclear Power Plants Lack Supervisory Status

February 15, 2016 Advisory

It’s very common for employees to hold quasi-supervisory roles in their workplaces and it’s no different in security firms. In the case of the latter, many would think lieutenants overseeing security forces guarding nuclear power plants from terrorist attacks would easily qualify as supervisors. Everyone, that is, except the National Labor Relations Board (NLRB). 

In the NLRB’s February 10, 2015 decision in G4S Government Services, the Board held that even though the work of the lieutenants "involves thwarting or repelling a terrorist attack or other force-based incursion by armed attackers" and the "commands" of the lieutenants "must be obeyed in the event of an attack" the lieutenants were employees on par with those who report to them. The NLRB found the lieutenants do not exercise sufficient independent judgment over decisions regarding directing the employees, assigning or disciplining them. 

The case is another reminder that it can be difficult to accurately classify some employees under the various tests used by the many government agencies reviewing your employee classifications. The tests for a supervisor versus employee or independent contractor versus employee or exempt or not exempt are all different and are extremely fact specific. One trend has been clear over the last several years – the default is to consider someone to be an employee or non-exempt and thereby covered by the various employment laws and regulations. 

One can only imagine what Colonel Jessup in A Few Good Men would think of such a decision from the NLRB and its impact on our national security.

Contact Us
  • Worldwide
  • Denver, CO
  • Jefferson City, MO
  • Kansas City, MO
  • Las Vegas, NV
  • New York, NY
  • Philadelphia, PA
  • St. Louis, MO
Worldwide
Denver, CO
4643 S. Ulster St.
Suite 800
Denver, CO 80237
Google Maps
Jefferson City, MO
3405 W. Truman Boulevard
Suite 210
Jefferson City, MO 65109
Google Maps
Kansas City, MO
2345 Grand Blvd.
Suite 1500
Kansas City, MO 64108
Google Maps
Las Vegas, NV
3770 Howard Hughes Parkway
Suite 200
Las Vegas, NV 89169
Google Maps
New York, NY
919 Third Ave., 37th Floor
New York, NY 10022
Google Maps
Philadelphia, PA
2005 Market Street
29th Floor, One Commerce Square
Philadelphia, PA 19103
Google Maps
St. Louis, MO
7700 Forsyth Blvd.
Suite 1800
St. Louis, MO 63105
Google Maps