Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided decisions, taking a deeper dive into the Board’s alarming new standards for evaluating workplace rules and disciplinary decisions and its return to an Obama-era independent-contractor standard that could make it more likely that workers will be found to be employees entitled to protections under the NLRA. Though Member Wilcox’s term expired on August 27, 2023, she was not gone from the NLRB for long. The timely and successful renomination of Wilcox is significant since, by long-standing tradition, the Board typically declines to overrule any existing precedent absent three votes to do so. The Board’s other consequential end-of-term reversals will be detailed in the next Advisor edition.
Please see full publication below for more information.