News & Analysis as of

Labor Regulations National Labor Relations Board

Jackson Lewis P.C.

Union Election Petitions Up 27%; Labor Board Activity Highest in a Decade

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The National Labor Relations Board witnessed a significant increase in union election petitions in fiscal year (FY) 2024 (Oct. 1, 2023 – Sept. 30, 2024). The Board received 3,286 union election petitions, a 27 percent rise...more

Venable LLP

NLRB's Final Rule Restores Union Toolkit for Keeping Bargaining Representative Status

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The National Labor Relations Board (NLRB) has issued another union-friendly final rule. The Fair Choice-Employee Voice Final Rule (Final Rule), scheduled to become effective September 30, 2024, resurrects three procedural...more

Fisher Phillips

Get Ready for NLRB Rule Making It Harder to Decertify Unions: 5 Key Steps for Employers

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A new labor regulation is set to take effect on September 30 that could make it harder for workers to undo union representation. In a long-anticipated move, the National Labor Relations Board (NLRB) ditched agency rules...more

Bradley Arant Boult Cummings LLP

SpaceX Exploration: Constitutional Challenge to NLRB Structure

Following several complaints filed with the National Labor Relations Board (NLRB), SpaceX has mounted a constitutional challenge against the structure of the NLRB. Specifically, SpaceX contends that NLRB administrative judges...more

Cohen Seglias Pallas Greenhall & Furman PC

[Event] Annual Labor & Employment Law Seminar: Key Updates and Best Practices for Employers - September 18th, Philadelphia, PA

We are thrilled to bring back our Annual Labor & Employment Law Seminar in Philadelphia, featuring interactive discussions led by our skilled attorneys on critical topics impacting your business. This year, our Labor &...more

Sheppard Mullin Richter & Hampton LLP

NLRB Will No Longer Approve Employer Proposed Consent Orders

As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policy, and shifting toward pro-union and...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Implements Its Fair Choice – Employee Voice Final Rule – Effective September 30, 2024

On July 26, 2024, the National Labor Relations Board (“Board”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which rescinds a trio of April 2020 amendments to the Board’s Rules and Regulations affecting...more

ArentFox Schiff

Post-Chevron Employment Law Regulations: What to Expect

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Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more

Bass, Berry & Sims PLC

NLRB Withdraws Appeal of Joint Employer Rule

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The National Labor Relations Board (NLRB) has dropped its appeal of a Texas federal judge’s order striking down its new, expansive joint employer rule.  As readers may recall, late last year the NLRB issued a rule broadening...more

Husch Blackwell LLP

The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv, Part II

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Labor Law Insiders Trecia Moore, Megann McManus, and Terry Potter continue their discussion with Labor Law Insider host Tom Godar regarding remedies the National Labor Relations Board is trying to impose for unfair labor...more

Foley Hoag LLP - Cannabis and the Law

Some Cannabis Employees Are Voting Out Their Union

Some cannabis workers in recent months have grown weary of their unions and have voted the unions out – or, in labor terms, “decertified” them. This has happened in two different Cresco Labs facilities. The first occurred at...more

Perkins Coie

Supreme Court Rejects More Lenient Test for NLRB Injunctions

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On June 13, 2024, the Supreme Court of the United States made it harder for the National Labor Relations Board (NLRB) to win injunctive relief against employers accused of unfair labor practices. The Court held in Starbucks...more

McDermott Will & Emery

Labor Law Update: Union Certification Without Winning the Employee Vote

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As reported throughout the trade press, alcohol beverage companies are facing escalating pressure from unions and the National Labor Relations Board (or NLRB, the federal agency that enforces labor laws against both unionized...more

Husch Blackwell LLP

The Labor Law Insider: (Scary) Real Life Scenarios – Practical Application, Part II

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Labor Law Insider host Tom Godar continues his engaging conversation with Insiders Mary-Ann Czak and Terry Potter as they assess the challenges employers face from numerous recent policy reversals offered by the National...more

Sheppard Mullin Richter & Hampton LLP

U.S. District Court Grants 10(j) Injunctive Relief and Requires Employer to Bargain With Union That Lost Secret Ballot Election

On May 14, 2024, the United States District Court for the District of Massachusetts granted a petition for interim injunctive relief under Section 10(j) of the National Labor Relations Act (“NLRA”) that was filed by the...more

Butler Snow LLP

The United Auto Workers’ (UAW) Unprecedented First Victory First Step in Realizing Its $40 Million Dollar Plan to Organize...

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The United Auto Workers (UAW) made history by winning its first unionization vote at a Volkswagen factory in Chattanooga, Tennessee. The final tally was 2,628 to 985, a stunning 73% of eligible employees voted in favor of...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Issues New Memo Further Expanding Penalties for Unfair Labor Practice Violations

Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed...more

Baker Donelson

Congress Approves Resolution to Repeal National Labor Relations Board Joint Employer Regulations

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The U.S. Senate, in a 50-48 vote, approved a resolution to repeal the National Labor Relations Board's (NLRB) joint employer rule (the Rule). The U.S. District Court for the Eastern District of Texas invalidated the NLRB's...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 11: Understanding Unions with Patrick Wilson, Maynard Nexsen Attorney...

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In this two part series, Maynard Nexsen labor & employment attorney Pat Wilson joins hosts Tina and Christy to discuss what employers should understand about unions and how they can address them. Pat dives into the influence...more

DarrowEverett LLP

Amid Shifting Policies, Employee Handbooks Can’t Be Static Manuals

DarrowEverett LLP on

As we’ve said before, one of the easiest and least expensive tools for businesses to reduce liability and insulate from (at least some) risk, is often the one most frequently overlooked. Creating, promulgating, and most...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Steptoe & Johnson PLLC

Student-Athletes Score Big for Union Rights as NLRB Regional Director Recognizes Dartmouth’s Basketball Team as ‘Employees’

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Higher education has seen a marked increase in labor and union activities on public and private campuses, even reaching historic levels in the past couple of years with campus strikes and organizing by student workers....more

Troutman Pepper

NLRB Rules That Dartmouth Basketball Players Are Employees

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On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor...more

Husch Blackwell LLP

The Labor Law Insider: What Just Happened, and What's Next? 2023 Labor Law Retrospective, Part II

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This episode of the Labor Law Insider concludes our discussion on the changes wrought by the National Labor Relations Board (NLRB) in 2023 and their implications for employers in 2024 and beyond. Adam Doerr and Rufino Gaytán...more

Husch Blackwell LLP

The Labor Law Insider - What Just Happened, and What’s Next? 2023 Labor Law Retrospective

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Labor Law Insider veterans Adam Doerr and Rufino Gaytán join host Tom Godar to discuss the impact of the National Labor Relations Board’s 2023 decisions. How does the Cemex decision, encouraging union representation without...more

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