News & Analysis as of

Federal Labor Laws Corporate Counsel The National Labor Relations Act

Carlton Fields

Court Direction on FTC’s Noncompete Ban Expected This Summer

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The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

Littler

Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

Littler on

On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down regulations promulgated by the National Labor Relations Board (the “NLRB” or “Board”) defining joint employment (the “new Rule” or “2023...more

Manatt, Phelps & Phillips, LLP

NLRB Delays New Joint Employer Rule

Facing legal challenges, the National Labor Relations Board (NLRB) has pushed out the effective date of its new joint employer rule. ...more

Littler

Act Fast: National Labor Relations Board Guidance Memorandum Serves as a Reminder of Shortened Election Timeframe

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On December 8, 2023, National Labor Relations Board (the “Board”) General Counsel Jennifer Abruzzo issued a Guidance Memorandum (“GC 24-02”) describing the practical impact of the 2023 final rule amending federal regulations...more

Littler

NLRB Limits Employers’ Right to Make Unilateral Changes Based on Past Practice

Littler on

In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an...more

Foley & Lardner LLP

NLRB Finds that Advocacy of Non-Employees is Protected Under the National Labor Relations Act

Foley & Lardner LLP on

As we have observed several times this year, the National Labor Relations Board (NLRB or the “Board”), under the majority appointed by President Biden, has taken a number of actions to widely expand workers’ rights under...more

Epstein Becker & Green

NLRB Delivers Labor Day Gifts to Unions

Epstein Becker & Green on

It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more

Fisher Phillips

Many Non-Compete Agreements Violate Federal Law According to NLRB’s Chief Prosecutor: Your Top 7 Questions Answered

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Employers should review their non-compete agreements now that the NLRB General Counsel announced that many of them violate federal labor law – regardless of whether you have a unionized workforce. General Counsel Jennifer...more

Proskauer - Labor Relations Update

NLRB Releases Spring Rulemaking Agenda Forecasting Changes To Joint Employer Standard and Representation Election Procedures

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

Proskauer - Labor Relations Update

NLRB Plans to Revise Joint Employer Standard Once Again

On Friday, December 10, 2021, the Board announced in its regulatory agenda that it plans to engage in rulemaking on the standard for determining whether two employers are “joint employers” under the NLRA. ...more

Fisher Phillips

The Top 16 Workplace Law Stories from November 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Akerman LLP - HR Defense

Be Careful About Restricting Employee Communications with Media

Employers that bar staff from communicating with the media should take another look at those prohibitions, following a recent federal appellate decision finding such a policy unlawful under the National Labor Relations Act...more

Akerman LLP - HR Defense

Back to Pro-Labor: What Employers Can Expect From a Biden Presidency: Part II, Labor Relations Edition

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While the final results are not yet certified, it appears that we have a new president. Employers across the country, both union and non-union, are wondering what they can expect from a Joe Biden presidency when it comes to...more

Jackson Lewis P.C.

Top Five Labor Law Developments For September 2020

Jackson Lewis P.C. on

1.National Labor Relations Board (NLRB) General Counsel Peter Robb has issued guidance addressing employer assistance in union organizing and decertification elections. In Memorandum GC 20-13 (Sept. 4, 2020), “Guidance...more

Jackson Lewis P.C.

Top Five Labor Law Developments for August 2020

Jackson Lewis P.C. on

1. The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more

Fisher Phillips

July 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Littler

EEOC, NLRB, DOL Plan to Issue Rules Governing Joint Employment

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The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal...more

Cozen O'Connor

NLRB Majority Makes Clear That Individual Employee Gripes Are Not Protected by Federal Labor Law

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The National Labor Relations Act protects employees when they are engaged in protected concerted activity for the purpose of mutual aid and protection. What constitutes concerted activity for mutual aid and protection has...more

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