News & Analysis as of October 15, 2024

Employees

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The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +

NLRB Rolling Back More Rules from the Trump Administration

Ballard Spahr LLP on 8/26/2024

In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

OFCCP Week In Review: July 2024 #4

DirectEmployers Association on 7/22/2024

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 J. Chambers and Cynthia L. Hackerott. In today’s...more

OFCCP Week In Review: November 2023 #2

DirectEmployers Association on 11/13/2023

Wednesday, November 8, 2023: US DOL Honored 859 Civilian Employers with 2023 HIRE Vets Medallion Awards - Corresponding with Veterans Day 2023, the U.S. Department of Labor’s Veterans Employment and Training Service...more

Sweeping AI Executive Order Has Labor Implications for Employers

Seyfarth Shaw LLP on 11/9/2023

Seyfarth Synopsis: On October 30, 2023, the Biden Administration issued a sweeping order on artificial intelligence. Among its numerous provisions, the Order touches on several issues of interest to employers. For employers...more

Handbook Changes on the Horizon, There’s a New NLRB Sheriff in Town‎

Schwabe, Williamson & Wyatt PC on 9/7/2023

On August 2, 2023, the National Labor Relations Board (“NLRB”), with a majority of members nominated by President Biden, issued a long-awaited decision in Stericycle, Inc. and Teamsters Local 628 (372 NLRB No. 113 (2023))...more

NLRB General Counsel Versus Covenants Not to Compete: What This Latest Fight Means for Your Business

Spilman Thomas & Battle, PLLC on 6/26/2023

In recent years, non-compete agreements have been a subject of scrutiny in the United States, with concerns raised over their potential impact on employee mobility and labor market competitiveness. In 2021, President Joe...more

OFCCP Week In Review: March 2023

DirectEmployers Association on 3/8/2023

Monday, February 27, 2023: NLRB Advice Memo: Workplace Discussions of Racism Are NLRA-Protected Concerted Activity (Even for Non-Unionized Employees) Tweets Discussing Case Also Protected - Workplace group discussions...more

NLRB Shifts to Heightened Scrutiny of Apparel Policies

Polsinelli on 8/31/2022

This week, the National Labor Relations Board (NLRB) reversed a 2019 decision concerning union apparel bans in the workplace. This decision was the first of the Biden Administration era NLRB to shift precedent....more

Recent Union Organizing Efforts and What Employers Can Do

Baker Donelson on 8/13/2021

During his campaign, President Biden promised to support organized labor, and he continues to act on that promise. In April 2021, President Biden issued an Executive Order creating a White House task force to develop...more

U.S. Department of Labor Announces Withdrawal of Trump-Era Independent Contractor Rule

Sheppard Mullin Richter & Hampton LLP on 5/11/2021

On May 5, 2021, the U.S. Department of Labor (“DOL”) announced it is officially withdrawing, effective May 6, 2021, the rule promulgated under the Trump administration addressing the standard to determine whether an...more

NLRB Division of Advice Weighs in on Cannabis Workers

Foley Hoag LLP - Cannabis and the Law on 1/28/2021

As we previously blogged, “agricultural employees” are excluded from coverage under the federal National Labor Relations Act, which governs unionization. The National Labor Relations Board’s Division of Advice (which...more

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