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Federal Labor Laws Unions Collective Bargaining

Clark Hill PLC

Collective Bargaining Agreement Protects Company From BIPA Suit by Non-Union Employee

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On July 2, Judge Sunil Harjani of the Northern District of Illinois issued an opinion in Sanders v. E.A. Sween Company holding that an employee who was not a member of a union, but was a member of a collective bargaining unit...more

CDF Labor Law LLP

First Court Decision Following Cemex Scraps Election Outcome that Defeated Union and Orders Employer to Bargain With Union

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On May 14, 2024, the United States District Court of Massachusetts granted the National Labor Relations Board’s first petition for injunctive relief under the new framework announced last year in Cemex Construction Materials...more

Foley & Lardner LLP

The Great Trick Play: The Dartmouth College Men’s Basketball Team Votes to Unionize

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Did you hear the news? The members of the Dartmouth College men’s basketball team have been deemed employees of the school and voted to unionize under federal labor law. How could you miss it? The crush of media reports has...more

Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

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Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable...more

Polsinelli

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

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On the eve of its going into effect, a federal court struck down the expansive joint-employment standard announced by the National Labor Relations Board (“NLRB” or “Board”) last fall. At issue is who may be considered a...more

Littler

NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining

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The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The...more

Schwabe, Williamson & Wyatt PC

Employers May Be Required to Bargain Under New NLRB Joint Employment Rule

October 30, 2023 The rule takes effect December 26, 2023‎ Of Counsel On October 25, the National Labor Relations Board (NLRB) issued its Final Rule that dramatically expanded the definition of joint employment under the...more

Steptoe & Johnson PLLC

NLRB Issues Expansive New Rule Tying Joint Employer Status to the Authority to Control One or More Employment Terms

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The National Labor Relations Board (NLRB or the Board) has issued a final rule on its new standard for finding that two entities are a joint employer. The rule focuses on whether the alleged joint employer has the authority...more

Obermayer Rebmann Maxwell & Hippel LLP

NLRB Announces Final Rule for Employee-Friendly Joint Employer Test

As HR Legalist predicted when the National Labor Relations Board (NLRB) announced the proposed rule in September 2022, the pendulum of federal labor and employment law has once again swung in an employee-friendly direction....more

Stevens & Lee

Cemex Decision Examined: How the NLRB Dramatically Changed the Unionization Process

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On August 25, 2023, the National Labor Relations Board (NLRB) issued a historic and paradigm shifting decision . In short, the NLRB dramatically changed the process of how a union can be formed in the workplace. Instead of...more

Littler

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

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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

Stevens & Lee

Historic NLRB Decision Changes When Employers Must Recognize and Bargain with Unions

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In a monumental sea change, on August 25, 2023, the National Labor Relations Board (NLRB) issued a decision in Cemex Construction Materials Pacific, LLC announcing a new rule for deciding when employers must bargain with...more

Venable LLP

NLRB Floods Noah's Ark Decision with Additional Remedies for Egregious Violators

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On April 20, 2023, the National Labor Relations Board ("NLRB" or the "Board") issued a decision in Noah's Ark Processors, LLC d/b/a WR Reserve, 372 NLRB No. 80 (2023) in which it announced a non-exhaustive list of remedies...more

Littler

NLRB Rules Two Union Representatives Were Not Fired Over COVID-19 Concerns

Littler on

On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge’s (ALJ) decision that a carpenters’ union did not...more

Littler

NLRB Reaffirms Regional Directors’ Discretion to Dismiss Election Petitions Absent a Hearing

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On June 15, 2022, in Rieth-Riley Construction Co., Inc., 371 NLRB No. 109, the National Labor Relations Board reaffirmed that regional directors have authority to dismiss representation and decertification petitions if the...more

Stevens & Lee

NLRB May Outlaw Captive Audience and Other Mandatory Meetings

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On April 7, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo circulated a memorandum to all Field offices, expressing her intention to ask the Board to deem “captive audience meetings,” where...more

Brownstein Hyatt Farber Schreck

Summary of White House Task Force’s Report on Promoting Working Organizing and Collective Bargaining

On Monday, Feb. 7, the White House Task Force on Worker Organizing and Empowerment (“Task Force”) released its Report that includes nearly 70 recommendations to promote worker organizing and collective bargaining for public...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 18 Workplace Law Stories from September 2021

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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

Adams and Reese LLP

[Virtual Event] Labor and Employment AR/HR Summit - August 10th - 12th, 9:00 am - 2:30 pm CDT

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Employers, especially HR professionals, have been on a roller coaster ride over the past 18 months. COVID-19 has not only changed the way we work but has underscored the need to take proactive steps to protect the longevity...more

Hinshaw & Culbertson - Employment Law...

Why Employers Need to Pay Special Attention to the Protect the Right to Organize Act of 2021

With little fanfare or press coverage, the United States House of Representatives passed a sweeping bill on March 9, 2021, that would amend provisions of federal labor law that in some cases have been in place as long ago as...more

Holland & Hart - Employers' Lawyers

Changing of the Guard: NLRB Precedent Under Biden Administration

Given the recent, whiplash-like reversals of labor law precedent by the National Labor Relations Board (NLRB) (depending on which presidential administration is in power), employers naturally wonder if the current version of...more

Benesch

House Passes Union-Friendly ‘PRO Act’; Employers Call It a Con

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The House of Representatives passed a bill that would overhaul federal labor law with the express purpose of making it easier for unions to organize workers and more difficult for employers to classify them as independent...more

Amundsen Davis LLC

Union Friendly PRO Act Reintroduced In Congress: Seeks To Revolutionize Labor Law Throughout The U.S.

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The mis-named Protecting the Right to Organize Act (PRO Act) was reintroduced in the U.S. Congress on February 4, 2021. The PRO Act, which originally was introduced in 2019 and passed the House of Representatives in 2020,...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

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