News & Analysis as of

Joe Biden The National Labor Relations Act National Labor Relations Board

Jackson Lewis P.C.

Labor Board New Fair Choice Rule Loophole for Construction Unions: What Employers Should Know

Jackson Lewis P.C. on

The National Labor Relations Board’s Fair Choice-Employee Voice Final Rule, codified at 29 C.F.R. 103.20-21, became effective on Sept. 30, 2024. The Biden Board’s final rule rescinded portions of a Trump-era 2020 rule...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB puts kibosh on American tradition of whiskey for votes

According to U.S. News & World Report, in 1758 George Washington was elected to the Virginia House of Burgesses after he plied voters with beer, whiskey, rum punch, and wine. He did so after a landslide loss three years...more

Amundsen Davis LLC

All Workplace Rules Are Now Unlawful in the Eyes of the NLRB --- IF Employees and Unions Say So!?!?

Amundsen Davis LLC on

An employee complains to human resources, “I am a hamster from Venus and filing unfair labor practice charge because the pay policy of paying bi-weekly is chilling my Section 7 rights!” No, this is not a bizarre scene out of...more

McCarter & English, LLP

No, The NLRB Did Not Just Ban Non-Compete Agreements Either.

Almost two years ago, President Joe Biden issued Executive Order 14036, which broadly addresses promoting competition in the American economy. Among the measures considered in that executive order was greater scrutiny of...more

Husch Blackwell LLP

Biden's NLRB Targeting Employee Misclassification as Independent ULP

Husch Blackwell LLP on

The National Labor Relations Act (Act) protects employees’ right to unionize (and not unionize), and to engage in other “protected concerted activity.” These are basic rights guaranteed to employees under Section 7 of the...more

Sheppard Mullin Richter & Hampton LLP

NLRB Foreshadows a Return to Union Gerrymandered Bargaining Units

As we previously predicted, significant changes are taking place at the National Labor Relations Board (“NLRB” or the “Board”). To date, much of that change has been in the agenda set by General Counsel Jennifer Abruzzo. Now,...more

Jackson Lewis P.C.

Top Five Labor Law Developments For August 2021

Jackson Lewis P.C. on

1. Democrats now hold a majority of seats on the National Labor Relations Board (NLRB). The new Democratic majority on the NLRB became official on Saturday, August 28, when President Joe Biden’s nominee David Prouty was sworn...more

Fox Rothschild LLP

Franchising Threat No. 4: The Deus Ex Machina (A Biden Executive Order)

Fox Rothschild LLP on

While the Protect the Right to Organize (PRO) Act was passed by the House of Representatives, it has not been made part of the Biden administration’s infrastructure efforts thus far and does not appear have sufficient support...more

Jackson Lewis P.C.

Recent Senate Confirmations Cement Democrat Control Of NLRB

Jackson Lewis P.C. on

The Senate confirmed two union lawyers – David Prouty and Gwynne Wilcox – to seats on the National Labor Relations Board (NLRB) on July 28, 2021, ensuring a Democratic majority for the first time in almost four years...more

Jackson Lewis P.C.

Top Five Labor Law Developments For June 2021

Jackson Lewis P.C. on

1. The U.S. Supreme Court held California’s union access regulation constitutes an unconstitutional taking of an employer’s property. Cedar Point Nursery v. Hassid, 141 S.Ct. 891 (June 23, 2021). The California Agricultural...more

Jackson Lewis P.C.

Top Five Labor Law Developments For May 2021

Jackson Lewis P.C. on

President Joe Biden has nominated union-side attorney Gwynne Wilcox to fill a vacant seat on the National Labor Relations Board (NLRB). Wilcox is a partner at the union-side labor and employment firm Levy Ratner P.C. Among...more

Constangy, Brooks, Smith & Prophete, LLP

The Cons Of The PRO Act

The Protecting the Right to Organize Act of 2021 (also known as the “PRO Act”) is back with its laundry list of organized labor’s most-wanted government handouts. After decades of declining membership, unions see the PRO Act...more

Jackson Lewis P.C.

Labor Board Withdraws Proposed Rule Excluding Student Workers From NLRA Coverage

Jackson Lewis P.C. on

In an interesting turn foreshadowing a coming change in its leadership, the National Labor Relations Board (NLRB) has withdrawn the rule it proposed in September 2019 to exclude student workers at private colleges and...more

Jackson Lewis P.C.

Labor Board Withdraws Proposed Bar To Student Workers Unionizing At Private Colleges, Universities

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) has withdrawn the rule it proposed in September 2019 to exclude student workers at private colleges and universities from coverage under the National Labor Relations Act (NLRA)...more

Roetzel & Andress

Acting General Counsel Of The NLRB, Peter Ohr, Begins Undoing Past General Counsel’s Projects And Procedures

Roetzel & Andress on

After being named Acting General Counsel of the National Labor Relations Board (NLRB), Peter Ohr has not slowed down. In a recent American Bar Association committee meeting, Ohr stated, “when I was asked to serve as acting...more

Roetzel & Andress

NLRB Challenges Brought On By Termination Of GC Robb

Roetzel & Andress on

In response to President Biden’s bold decision to terminate former General Counsel Peter Robb in January, employers have begun to raise legal challenges regarding the Biden Administration’s authority to oust Peter Robb. At...more

Jackson Lewis P.C.

Changing Labor Board Membership Will Require Manufacturers To Review Employment Policies

Jackson Lewis P.C. on

The Biden administration has made some early moves that strongly suggest it intends significant changes from the five-member National Labor Relations Board (NLRB) that manufacturers should watch closely. Currently, the...more

Jackson Lewis P.C.

Congressional Democrats Advance Pro-Labor Initiatives With Reintroduction Of The PRO Act

Jackson Lewis P.C. on

With President Biden charting a fundamentally different course in labor relations, employers should monitor developments taking place. In less than three weeks, Washington saw President Biden’s firing of National Labor...more

Jackson Lewis P.C.

Acting NLRB General Counsel Rescinds Policy Guidance, Signals More Changes To Come

Jackson Lewis P.C. on

New National Labor Relations Board (NLRB or Board) Acting General Counsel Peter Sung Ohr has wasted no time. In a February 1, 2021, Memorandum, Ohr announced rescission of 10 individual policy directives issued by Peter Robb....more

Jackson Lewis P.C.

Biden Names Peter Ohr NLRB Acting General Counsel

Jackson Lewis P.C. on

On January 20th, 2021, President Joe Biden summarily removed National Labor Relations Board (NLRB) General Counsel Peter Robb from office. Biden removed Robb’s deputy Alice Stock the following day. As noted, these...more

McDermott Will & Emery

Labor relations could see changes under Biden

McDermott Will & Emery on

As the November presidential election approaches, labor stakeholders say one thing is clear: Labor relations across the nation could see big changes if Democratic presidential nominee Joe Biden wins the vote. Biden has...more

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