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Peter Sung Ohr has Cemented the Biden NLRB’s Direction Despite Challenges to his Interim Appointment and Prosecutorial Authority

When President Biden took the unprecedented step of firing National Labor Relations Board (NLRB) General Counsel Peter Robb shortly after taking the oath of office on January 20, observers noted that it was a significant...more

PRO Act Would Upend U.S. Labor Laws for Non-Union and Unionized Employers Alike

On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act.  Introduction was expected, as President Biden pledged to be “the strongest labor president you have ever had” during...more

Minority Unions – A Major Concern for Employers in 2021 and Beyond?

Recent media reports have covered the relatively new phenomenon of minority labor unions.  These are not traditional unions in the sense of formal organizing, National Labor Relations Board (NLRB) certification, and exclusive...more

NLRB Issues Reprieve for Unionized Employers Seeking to Make Unilateral Changes

Many employers loathe the prospect of unionization due to the potential of a union hampering such employer’s ability to make operational changes to adapt to business demands.  Many employers signatory to a collective...more

Independent Contractor vs. Employee Mis/Classification Issue Continues To Evolve: The NLRB Weighs In (Again)

As the independent contractor versus employee status debate evolves across the United States through legislation, court decisions, and agency enforcement actions, the National Labor Relations Board (“NLRB” or “Board”)...more

NLRB Rejects Browning-Ferris and Returns to Prior Joint-Employer Standard that Benefits Union and Non-Union Employers Alike

On December 14, 2017, just two days before the end of Chairman Philip Miscimarra’s term, the new Republican majority at the National Labor Relations Board continued its shift in labor policy and issued yet another reversal of...more

NLRA Protections for Derogatory Statements and Four-Letter Words Attacking a Company and its Managers

More and more employers, union and non-union alike, are getting ensnared in efforts by the National Labor Relations Board (NLRB or “Board”) to aggressively expand employee rights under the National Labor Relations Act...more

The NLRB Issues its Long-Anticipated "Quickie Election" Rule, Making Union Organizing Faster and Easier

On December 15, 2014, the National Labor Relations Board ("NLRB") published its long-anticipated Final Rule on "quickie elections." The Final Rule, which is scheduled to go into effect on April 14, 2015, significantly tilts...more

Non-Union Employers Beware: The NLRB Re-Issues Its Proposed Rulemaking to Foster Unionization

Three years ago, during the summer of 2011, the National Labor Relations Board ("NLRB" or "Board") undertook two initiatives to promote unionization among private sector workers. First, in June 2011, the NLRB issued a notice...more

Workplace Policy Institute: D.C. Circuit Invalidates NLRB Recess Appointments, Creating Period of Uncertainty for Employers

For the past year, unionized and nonunionized employers across the United States have been alarmed by the National Labor Relations Board's expansive interpretation of the National Labor Relations Act and the resulting...more

D.C. Circuit Invalidates NLRB Recess Appointments, Creating Period of Uncertainty for Employers

For the past year, unionized and nonunionized employers across the United States have been alarmed by the National Labor Relations Board's expansive interpretation of the National Labor Relations Act and the resulting...more

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