On Oct. 26, 2023, the National Labor Relations Board issued a final rule that significantly broadens the definition of “joint employment” under the National Labor Relations Act (NLRA), marking the fifth change to the board’s...more
On Aug. 24 and 25, 2023, the National Labor Relations Board (NLRB) issued new regulations and a decision, which together overturn decades of precedent and represent a sea change in the union election process. First, the NLRB...more
On Aug. 29, 2022, the National Labor Relations Board (NLRB) ruled in a 3-2 decision along party lines in Tesla, Inc. , 370 NLRB No. 131 (2022), that an employer cannot impose any restriction on its employees’ right to wear...more
On July 26, 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the National Labor Relations Board (NLRB) signed a joint memorandum of understanding (MOU) with the goal of “promoting the free flow of commerce...more
On Sept. 29, 2021, the National Labor Relations Board (NLRB) general counsel issued General Counsel Memorandum GC 21-08, in which she announces that she believes certain college student-athletes are “employees” under the...more
On Dec. 10, 2020, the National Labor Relations Board (NLRB) issued a decision in BMW Manufacturing Co. regarding whether various rules and policies in an employer’s handbook violated the National Labor Relations Act (NLRA)....more
The COVID-19 pandemic presents unique challenges for employers whose employees are represented by labor unions. Under the National Labor Relations Act (NLRA), unionized employers must negotiate with a collective bargaining...more
Introduction -
In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more
1/18/2017
/ Administrative Law Judge (ALJ) ,
At-Will Employment ,
Blacklist ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Joint Employers ,
LMRDA ,
NLRA ,
NLRB ,
Persuader Rules ,
Unions
In a 2-to-1 decision, the National Labor Relations Board (NLRB or “the Board”) overturned longstanding precedent to hold that student teaching assistants can be classified as employees under the National Labor Relations Act...more
In a much-anticipated decision, the National Labor Relations Board (NLRB) on July 11, 2016, reversed its existing precedent on organizing of temporary employees. In Miller & Anderson, Inc., the NLRB ruled that permanent...more
National Labor Relations Board spends Most of 2015 With a Full Complement of Members; Down to Four at Year’s End.
For about two-thirds of the year, the National Labor Relations Board operated with a full complement of...more
1/21/2016
/ Administrative Procedure Act ,
Browning-Ferris Industries of California Inc. ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Joint Employers ,
LMRDA ,
NLRB ,
Persuader Rules ,
SEIU ,
Unions ,
United Food and Commercial Workers Union ,
Wage Act
As we previously reported on Aug. 27 and 28 (on our blog Labor Relations Today), the National Labor Relations Board (NLRB) recently issued its ruling in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug....more
9/11/2015
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Teamsters ,
Unions
Under current National Labor Relations Board (NLRB) standards, a union can organize a bargaining unit of an employer’s regular employees and temporary employees supplied by a staffing agency only if both the employer and the...more
On April 28, 2015, the National Labor Relations Board (NLRB) issued an advice memorandum addressing when franchisors can be considered “joint employers” with their franchisees for purposes of the National Labor Relations Act...more
The National Labor Relations Board’s (NLRB’s) “ambush election rules,” which make sweeping changes to the procedures applicable in union representation cases, took effect on April 14, 2015....more
On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks....more
On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks. The memorandum further solidified the NLRB’s...more
On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks. The memorandum further solidified the NLRB’s...more
On December 15, 2014, a divided National Labor Relations Board (NLRB) - split along party lines - overturned 30-year-old precedent addressing standards for the deferral of certain unfair labor practice charges to contractual...more
On Dec. 12, 2014, the National Labor Relations Board (NLRB) announced that it will issue the long-anticipated “ambush election” rules on Monday, Dec. 15, 2014. The new rules, adopted by a divided NLRB split along party lines,...more
On December 11, 2014, a divided National Labor Relations Board (NLRB) - split along party lines - overturned existing precedent regarding an employer’s right to control its email system, and held that employees have a...more