In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more
8/26/2024
/ Biden Administration ,
Construction Industry ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Final Rules ,
Labor Reform ,
NLRA ,
NLRB ,
Popular ,
Proposed Regulation ,
Trump Administration ,
Unfair Labor Practices ,
Union Representatives ,
Unions
On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor...more
7/18/2024
/ College Athletes ,
Colleges ,
Educational Institutions ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
NCAA ,
NLRA ,
NLRB ,
Student Athletes ,
Universities ,
Wage and Hour
On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new,...more
For the second time in less than a week, the National Labor Relations Board has thrown out a Trump-era standard and reinstated Obama-era rules favorable to labor unions. In Bexar County Performing Arts Center Foundation,...more
Employers that violate the National Labor Relations Act (NLRA) will have to pay workers additional damages under a recently issued precedential decision from the National Labor Relations Board (NLRB or Board)....more
Earlier this week, in an ongoing case between Cemex Construction Materials Pacific, LLC and International Brotherhood of Teamsters, NLRB General Counsel Jennifer Abruzzo filed a brief calling for the Board to reinstate the...more
Summary -
On February 7, 2022, the White House Task Force on Worker Organizing and Empowerment publicly released a report offering nearly 70 recommendations to promote pro-union policies and practices in the public and...more
In a statement that portends additional scrutiny of the “working conditions” of college and university athletes, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has publicly stated her view that...more
On August 12, 2021, the new General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer Abruzzo, announced her intention to target certain legal decisions issued in the last four years that she described...more
Within hours of his inauguration, President Biden broke with tradition by firing the General Counsel of the National Labor Relations Board (NLRB) after he refused to resign. Some companies have claimed that this decision was...more
The National Labor Relations Board (NLRB or Board) has withdrawn a proposed rule that would have exempted graduate students from the definition of “employees” under the National Labor Relations Act (NLRA). Under the rule...more
On August 13, 2020, the National Labor Relations Board (NLRB) Division of Advice released five memoranda in which the General Counsel directed NLRB regional offices to dismiss pandemic-related charges filed by unions and...more
8/17/2020
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
NLRB ,
NLRB General Counsel ,
Nursing Homes ,
Policy Memorandums ,
Protected Concerted Activity ,
Unions ,
Workplace Safety
The National Labor Relations Board (NLRB) issued its decision in General Motors, LLC and Charles Robinson yesterday (July 21, 2020), providing additional certainty to employers seeking to discipline employees for abusive or...more
On December 18, 2019, the National Labor Relations Board (Board or NLRB) published a final rule, which was originally set to become effective on April 16, 2020, and which modified the so-called 2014 “ambush election” rules. ...more
The National Labor and Review Board (NLRB) issued a final rule on February 25, 2020, that codifies a majority of the changes it proposed to its joint employer test in September 2018. These changes will take effect on April...more
2/26/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
On December 18, 2019, the National Labor Relations Board’s (Board or NLRB) published a final rule—effective on April 16, 2020—which modifies the 2015 so-called “ambush election” rules. The final rule will lengthen the...more
12/19/2019
/ Ambush Election Rules ,
Deregulation ,
Employer Liability Issues ,
Final Rules ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Notice Requirements ,
Regulatory Requirements ,
Rulemaking Process ,
Union Elections ,
Unions
Continuing its shift toward more employer-friendly workplace decisions, the National Labor Relations Board (Board or NLRB) in Valley Hospital Medical Center held that employers may cease deducting union dues from employees’...more
12/18/2019
/ Bethlehem Steel ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Negotiations ,
Contract Terms ,
Dues Checkoff ,
Employee Contributions ,
Expiration Date ,
Healthcare Workers ,
Labor Relations ,
NLRA ,
NLRB ,
Statutory Requirements ,
Union Dues ,
Unions
Last week, the National Labor Relations Board (NLRB) released a proposed rule that would remove graduate and undergraduate students who perform work for pay in conjunction with their academic studies from the definition of an...more
The National Labor Relations Board (NLRB) issued two 3-1 decisions this week, continuing a string of rulings favoring employers over unions or workers. Details on the decisions follow. ...more
9/13/2019
/ Boeing ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Corporate Counsel ,
Labor Relations ,
NLRA ,
NLRB ,
Retroactive Application ,
Specialty Healthcare ,
Union Organizers ,
Unions
More than 40 years after the U.S. Supreme Court's decision in NLRB v. Weingarten Inc., the National Labor Relations Board's (NLRB) recent decision in Circus Circus Casinos Inc. serves as a good reminder for employers...more
Earlier this month, the National Labor Relations Board (NLRB) General Counsel instructed the agency's regional offices to report any complaints they issue against federal contractors to labor compliance officers. These...more
In today's economy, organizations are increasingly looking to nontraditional sources of labor, including use of leased, outsourced, and other staffing arrangements that involve individuals who may not be on the organization's...more
4/7/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Indemnification ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Title VII ,
Wage and Hour ,
Young Lawyers
On the heels of the U.S. Supreme Court’s June ruling in N.L.R.B. v. Noel Canning, et al., which invalidated President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB), the NLRB recently ratified a...more