The National Labor Relations Board once again has reversed precedent. It will now use a case-by-case analysis to determine whether an employer’s statements about the negative impacts of unionization on the relationship...more
1. Former President Donald Trump’s Election Day victory leaves the National Labor Relations Board’s status uncertain, but a new general counsel appointment is likely. Currently, the Board has a 2-1 Democratic majority....more
11/13/2024
/ Employee Training ,
First Amendment ,
Just Cause ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Presidential Elections ,
Reimbursements ,
Strike ,
Trump Administration ,
Union Elections ,
Unions
Employers can expect a definite shift in the National Labor Relations Board under the new Trump Administration.
Following President Joe Biden’s 2020 election, labor and employment law practitioners saw sweeping legal...more
11/11/2024
/ Administrative Appointments ,
Arbitration Agreements ,
Corporate Counsel ,
Electronic Monitoring ,
Independent Contractors ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Quickie Election Rules ,
Retirement Funds ,
Section 7 ,
Severance Agreements ,
Surveillance ,
Trump Administration ,
Unfair Labor Practices ,
Union Elections ,
Unions
Takeaways:
•The General Counsel expanded her theory that certain restrictive covenants are unlawful by also including “stay-or-pay” provisions -
•Employers could soon face expanded remedies for proffering, maintaining, -or...more
The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and...more
The U.S. Supreme Court’s decision in Loper Bright Enterprises et al. v. Raimondo and Relentless, Inc. v. Department of Commerce, Nos. 21-5166/22-1219, (June 28, 2024) overturning the Chevron doctrine left open the future...more
The National Labor Relations Board’s new Final Rule for determining joint-employer status under the National Labor Relations Act expands the current standard by allowing the Board to find joint-employer status if an entity...more
11/8/2023
/ Compensation & Benefits ,
Contractors ,
Employment Contract ,
Franchises ,
Job Duties ,
Joint Employers ,
NLRA ,
NLRB ,
Retailers ,
Staffing Agencies ,
Subcontractors ,
Supervision ,
Wage and Hour ,
Work Schedules ,
Workplace Safety
The National Labor Relations Board has returned to the “totality of the circumstances” test for determining when individual employee action constitutes protected concerted activity. Miller Plastic Products, Inc., 372 NLRB No....more
Overruling crucial aspects of precedent, the National Labor Relations Board has expanded an employer’s duty to bargain with employees under the National Labor Relations Act following the expiration of a labor contract and...more
The U.S. Department of Labor (DOL) has announced a Notice of Proposed Rulemaking to amend its regulations to allow employee-authorized third-party representatives to accompany Occupational Safety and Health Administration...more
The National Labor Relations Board continued its efforts to facilitate union organizing and upended significant aspects of prior precedent by: (1) making it easier for unions to circumvent the Board’s election procedures...more
The National Labor Relations Board has again revised its standard for assessing whether an employer’s facially neutral work rules (rules that do not explicitly restrict Section 7 activities) unlawfully restrict employee...more
The National Labor Relations Board has returned to its Obama-era standard for determining whether an individual is an independent contractor under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95...more
Minnesota will soon prohibit employers from requiring employees to attend political or religious meetings, including talks about labor unions. Additionally, similar legislation passed by the New York legislature will likely...more
As restaurants emerge from the COVID-19 pandemic, employers in the industry continue to face new challenges with organizing activity on the rise and new generations leading the charge....more
The warehousing and distribution industry has one of the highest overall union membership rates in the United States. Now, employers in the industry are also navigating high turnover rates and mass labor shortages as they...more