News & Analysis as of

Burden of Proof The National Labor Relations Act

Jackson Lewis P.C.

U.S. Supreme Court Raises Standard for Labor Board When Seeking 10(j) Injunctions

Jackson Lewis P.C. on

The U.S. Supreme Court issued a decision directing district courts to use the traditional four-part test when evaluating whether a preliminary injunction should issue at the request of the National Labor Relations Board...more

Constangy, Brooks, Smith & Prophete, LLP

In light of recent NLRB decision, employer workplace rules face more aggressive scrutiny

The National Labor Relations Board swung to a Democratic majority after the 2020 election of President Joe Biden. That majority has been almost continually dismantling standards established by the Republican majority Board...more

Genova Burns LLC

Stepping In Where Unions Have Failed, NYC Council Imposes Just Cause Standard On Non-Union Employers

Genova Burns LLC on

As our readers may be aware, in March 2021, New York City passed an ordinance requiring fast food employers to have just cause to discharge their employees, where discharge includes termination, constructive discharge,...more

Jackson Lewis P.C.

NLRB General Counsel: Ease Make Whole Relief Burden Of Proof In Duty Of Fair Representation Cases

Jackson Lewis P.C. on

Unions will have greater exposure to “make whole” relief awards for violating their duty of fair representation under the National Labor Relations Act (NLRA) if National Labor Relations Board (NLRB) General Counsel (GC) Peter...more

Fisher Phillips

5 Things You Need To Know About The Labor Board’s New Joint Employment Rule

Fisher Phillips on

The National Labor Relations Board just published a final rule that will soon fundamentally alter the definition of joint employment, making it more difficult for businesses to be held legally responsible for alleged labor...more

DirectEmployers Association

OFCCP Week In Review: December 2019 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Akerman LLP - HR Defense

NLRB Clarifies Standard for Reviewing Workplace Polices, Finds Confidentiality and Media Contact Policies Lawful

Applying its new standard for determining whether employer policies violate the National Labor Relations Act (NLRA), a divided National Labor Relations Board (Board) upheld policies prohibiting employee disclosure of client...more

Proskauer - Labor Relations Update

NLRB Finds Employer Lawfully Terminated “Known” Union Supporter Despite Finding Its Justification Was Pretextual

In a 2-1 decision issued on August 2, 2019, the National Labor Relations Board (the “Board”) in Electrolux Home Products, Inc., 368 NLRB No. 34 (2019) reversed an Administrative Law Judge’s (“ALJ”) decision, and held that...more

Constangy, Brooks, Smith & Prophete, LLP

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

Laner Muchin, Ltd.

The NLRB Issues Key Rulings Regarding Employee E-Mail Use, Deferrals To Arbitration, And Representation-Case Procedures

Laner Muchin, Ltd. on

The 2014/2015 holiday season marked a period of change for the National Labor Relations Board (NLRB). First, on December 11, 2014, the NLRB ruled that under Section 7 of the National Labor Relations Act (NLRA) employees can...more

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