In a much-anticipated rulemaking, the National Labor Relations Board (“NLRB” or “Board”) has established a new standard for determining whether two employers are joint employers of particular employees within the meaning of...more
On June 21, 2022, the National Labor Relations Board (“NLRB”) released its rulemaking agenda for Spring 2022, indicating the Board is considering revisions to two significant and tumultuous topics pursuant to the rulemaking...more
In an Advice Memorandum released on May 25, 2022, NLRB General Counsel Jennifer Abruzzo laid out a blueprint for changes she’d like made to Board precedent concerning union representatives’ access to employer property. At...more
5/31/2022
/ Collective Bargaining ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Regulatory Agenda ,
Union Elections ,
Union Organizers ,
Unions
On April 6, 2022, the National Labor Relations Board (“NLRB” or the “Board”) issued a press release recognizing the shockingly large surge in new union organizing. Specifically, during the first half of Fiscal Year 2022...more
Yesterday, the National Labor Relations Board (NLRB), along with the U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC), announced the creation of an interagency initiative to raise...more
As we discussed here, members of the House Education and Labor Committee have been attempting to end-run the procedural hurdles that have prevented the Protect the Right to Organize Act (“PRO Act”) legislation from becoming...more
10/29/2021
/ Budget Reconciliation ,
Employer Liability Issues ,
Federal Labor Laws ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
NLRA ,
Penalties ,
Regulatory Agenda ,
Regulatory Violations ,
Rulemaking Process ,
Unfair Labor Practices ,
Unions
Effective as of October 5, 2021, Int. 2397-2021 requires operators of “transient hotels” (as defined by Section 12-10 of the New York City zoning resolutions) to pay their employees severance pay if: 1. the hotel closed to...more
Yesterday, General Counsel Jennifer Abruzzo issued a very significant memorandum on the status of college athletes as “employees” under the National Labor Relations Act. Statutory Rights of Players at Academic Institutions...more
9/30/2021
/ College Athletes ,
Colleges ,
Compensation ,
Employee Definition ,
Labor Reform ,
Labor Regulations ,
Misclassification ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Sports ,
Student Athletes
As we have discussed in previous posts, the Protect the Right to Organize Act (“PRO Act”), which would drastically and fundamentally change the nature and scope of the National Labor Relations Act (“NLRA”) and...more
9/10/2021
/ Budget Reconciliation ,
Federal Budget ,
Labor Reform ,
Legislative Agendas ,
Lockouts ,
NLRA ,
NLRB ,
Penalties ,
Regulatory Agenda ,
Right to Strike ,
Unfair Labor Practices ,
Union Organizers ,
Unions
After being nominated by President Biden on February 17, 2021, Jennifer Abruzzo was sworn in as General Counsel of the NLRB yesterday by Chairman Lauren McFerran. Abruzzo will serve a four-year term as General Counsel,...more
As we reported here and here, there are several challenges to the authority of the Acting General Counsel of the National Labor Relations Board, Peter Sung Ohr, given President Biden’s unprecedented move of terminating the...more
7/16/2021
/ Administrative Appointments ,
Appointments Clause ,
Biden Administration ,
Corporate Counsel ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unfair Labor Practices
On April 30, 2021, in National Association of Broadcast Employees & Technicians, 370 NLRB No. 114 (2021), the Board declined to opine on the validity of President Biden’s termination of former General Counsel Peter Robb and...more
On Monday, April 26, 2021, the White House released a press briefing detailing the establishment of a new White House Task Force on Worker Organizing and Empowerment (the “Task Force”). The Task Force, which the White House...more