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NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes...more

August Brings a Flurry of Activity from the National Labor Relations Board

As August ends, the National Labor Relations Board (“Board”) has issued two significant decisions as well as a direct final rule about representation cases. On August 25, 2023, the Board, in Cemex Construction Materials...more

NLRB Revises Standard for Evaluating Employer Policies

On August 2, 2023, the National Labor Relations Board (“NLRB”) issued its decision in the much-watched Stericycle Inc. and Teamsters 628 case, returning to a case-by-case standard for evaluating challenges to...more

NLRB General Counsel Declares Most Non-Compete Provisions Illegal Under the NLRA

On May 30, 2023, the General Counsel of the National Labor Relations Board (“NLRB”) issued a memorandum (the “Memorandum”) to all NLRB Regional Directors, Officers-in-Charge, and Resident Officers concluding that most...more

NLRB Opens the Floodgates for Extraordinary Remedies Available for Egregious or Habitual Violations

The National Labor Relations Board (“NLRB”) recently issued a broad cease-and-desist order against an employer that allegedly engaged in unfair labor practices and also ordered it to reimburse the Union for its bargaining...more

NLRB Ruling Limits Employers’ Ability to Discipline in Response to Abusive Conduct

On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers LLC II, 372 NLRB No. 83 reversing its 2020 ruling in General Motors LLC, 369 NLRB No. 127, and creating an inconsistent...more

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