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How Low Can You Go? Labor Board’s Final Joint Employer Rule Sets Exceedingly Low Bar for Assessing Joint Employer Liability

It’s back . . . like a bad penny or another season of “Bachelor in Paradise.” Last week, the National Labor Relations Board (NLRB or Board) announced the return of its new and expanded “BFI standard” for determining “joint...more

Hospitality: 2023 Year in Review

As we enter the final quarter of 2023, the ArentFox Schiff Hospitality Industry group has identified several opportunities and challenges that could impact the hospitality industry, including issues related to artificial...more

One Strike, You’re Out: NLRB Overturns Decades of Precedent, Institutes Mandatory Bargaining for Employers That Commit Unfair...

Last Friday, the National Labor Relations Board (NLRB) overturned decades of precedent and continued in its march to ease labor union efforts to organize new workforces. In its decision in Cemex Construction Materials Pacific...more

Double Secret Probation! NLRB Propounds Expansive List of Potential Remedies It May Impose on Employers for Interfering with...

We’ve all been on notice for some time that the current General Counsel of the National Labor Relations Board (NLRB or Board), as well as a majority of the Board itself, has an aggressively expansive view of employee rights...more

NLRB Continues Labor-Friendly Push by Reinstating Obama-Era Standard to Facilitate Union Organizing of “Micro-Units”

The holidays came early for organized labor this year, with the National Labor Relations Board (NLRB or Board) issuing another decision that will make it easier for unions to organize new workplaces. In American Steel...more

Employers, Perform Your Dues Diligence: NLRB Reinstitutes Post-CBA Dues Checkoff Mandate

On September 30, 2022, the National Labor Relations Board (NLRB) continued its efforts to upend labor relations and reinstituted its short-lived Lincoln Lutheran dues checkoff rule. In a 3-2 decision, the Board held that...more

NLRB’s Proposed New Rule Would Expand Joint Employer Status to Entities With Indirect Control Over Worker Conditions

Does anyone feel like they’ve seen this movie before? On September 6, the National Labor Relations Board (NLRB or “the Board”) announced a notice of proposed rulemaking that dramatically changed the joint employer analysis...more

Rough Waters Ahead: NLRB General Counsel Seeks to Bar Employer-Mandated Meetings to Discuss Union Organizing

Buckle up, it’s about to get choppy. Employers sailing in National Labor Relations Board (NLRB or Board) waters have come to expect rough seas. By one estimate, the Board overturned more than 4,500 cumulative years of...more

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