No one needs an introduction to the dominant theme of 2020 in the field of traditional labor law. The main story, as in nearly all fields of law, was the COVID-19 pandemic and its impact on every aspect of American lives.
Like all other federal agencies, the National Labor Relations Board (the NLRB or the Board) found itself confronting workplace issues in an economy where most workplaces were turned upside down and drastically modified, if not shut down entirely. Still, while negotiating these substantial and unique challenges, the Board managed to pursue policy changes by aggressive administrative rulemaking measures. The Board reversed the course of several of its predecessors’ initiatives, dialing back some of the significant 2014 election rule amendments, joint employer standards, and other expansions of the National Labor Relations Act’s (NLRA) scope of protection. All this took place amid a heated federal election cycle, and later—as this publication was being drafted—during an apparent lame-duck period leading up to the inauguration of the next president.
We submit this Year in Review to summarize the most noteworthy developments in 2020, as we head into another likely period of major transformation in traditional labor law.
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