In a previous article, we emphasized the potential impact of the recent Supreme Court decisions in Loper and Jarkesy on the future landscape of labor and employment law: imagine a world in which administrative agencies can no...more
Few legal developments sound less sleep-inducing than “changes to federal rulemaking authority.” But don’t mistake dullness for a lack of impact: a pair of Supreme Court decisions just issued will arguably have the single...more
In the wake of challenges to the NLRB’s new joint-employer rule, the NLRB extended the effective date of the new rule from December 26, 2023, to February 26, 2024. As we previously reported, the rule expands the scope of the...more
An ideologically recalibrated (and motivated) National Labor Relations Board (NLRB) has yet again modified several Trump-era rules regarding representation case procedures and expanded the scope of protected concerted...more
There’s been another flip-flop at the National Labor Relations Board. The target this time? Severance agreements.
During the Trump administration, the NLRB issued a set of rulings that generally allowed employers to...more
An ideologically recalibrated National Labor Relations Board (“NLRB”) implemented an important right for labor unions who seek to organize a bargaining unit comprising less than a full complement of a location’s workers....more
On September 7, 2022, the NLRB issued a notice of proposed rulemaking seeking to replace the Trump-era final joint employer rule, which provided that an employer would be considered a joint employer under the NLRA only where...more
During the Trump years, the National Labor Relations Board (meaning, the actual five-member Board in Washington, whose decisions drive interpretations of federal labor law) got a lot less friendly to organized labor, and a...more
For years, employee interest in unions has dwindled. But a pandemic, persistent income inequality and high unemployment—not to mention the most pro-union Presidential administration in generations—have all converged to flip...more
On January 20, 2021, Vice President Joseph R. Biden Jr. will be sworn in as the 46th President of the United States. Whichever side of the political spectrum you fall on, there can be no question that this is going to signal...more
In an August 13 decision the National Labor Relations Board upheld an administrative law judge’s decision denying William Beaumont Hospital’s motion for an in-person hearing for an unfair labor practice charge. The charge was...more
How times change. In 2017, a foul-mouthed advocate of purported employee rights delighted in outing on Facebook his boss—a hard-driving banquet manager who clearly didn’t get the whole employee-relations thing—as a “nasty...more
This week, in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109, the National Labor Relations Board overruled a 2016 decision, and held that an employer does not have a duty to bargain over...more
The battle between a now pro-employer NLRB and labor unions continues. In the latest skirmish, the NLRB has announced its new election rule (which repeals Obama-era “quickie” election rules) will take immediate effect to the...more
The labor movement sent a powerful and potentially revolutionary signal to the tech industry this past week on September 24: contract employees of HCL Technologies, working under a renewable contract with Google, voted to...more
In the first post-Epic Systems decision regarding arbitration agreements, the NLRB has underscored just how pro-arbitration courts and regulators have become. In Cordúa Restaurants, the Board put its stamp of approval on...more
On Saturday, August 12, as the nation watched, protests in Charlottesville, Virginia regarding the anticipated removal of a statue of Confederate general Robert E. Lee turned deadly. In the days and weeks after, both the...more
Maybe we’ve all thought it at some point in our careers. But according to the Second Circuit Court of Appeals, you might actually be able to get away with saying it—that is, calling your boss a nasty mother****r—if you’re...more
The General Counsel of the National Labor Relations Board issued a recent Advice Memorandum in Northwestern University, NLRB Case 13-CA-157467, with a strange, but practical, takeaway for employers: even if you don’t think...more
Most employers know that the National Labor Relations Board (NLRB) has been on a years-long tear to make it easier for workers to unionize and harder for employers to resist those efforts. This post in two parts is the latest...more
Most employers know that the National Labor Relations Board (NLRB) has been on a years-long tear to make it easier for workers to unionize and harder for employers to resist those efforts. This post in two parts is the latest...more