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The National Labor Relations Act Biden Administration Employer Liability Issues

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 +
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 practices by private sector managament and labor.  less -
Ballard Spahr LLP

NLRB Rolling Back More Rules from the Trump Administration

Ballard Spahr LLP on

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

Conn Maciel Carey LLP

Industry Groups and Congressional Leaders Attack OSHA’s New “Worker Walkaround” Inspection Rule

Conn Maciel Carey LLP on

To advance the Biden Administration’s promise to be “the most labor friendly administration in history,” on April 1, 2024, OSHA published in the Federal Register its Final Worker Walkaround Representative Designation Process...more

Genova Burns LLC

Supreme Court Agrees To Resolve Circuit Court Conflict Over Standard For Section 10(j) Injunction In Unionization Efforts...

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The boiling dispute over the unionization of baristas is heading to the Supreme Court. Section 10(j) of the National Labor Relations Act authorizes federal courts to issue preliminary injunctions against employers that are...more

Seyfarth Shaw LLP

Sweeping AI Executive Order Has Labor Implications for Employers

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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

Schwabe, Williamson & Wyatt PC

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

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

Genova Burns LLC

Entrepreneurial Opportunity Takes A Back Seat In Revised NLRB Test Of Employee Versus Independent Contractor Status

Genova Burns LLC on

On June 13, 2023, in a 3-1 decision, the NLRB overruled its own 2019 decision in SuperShuttle DFW and returned to the test of statutory employee status in its 2014 FedEx II decision which it terms carefully calibrated. In...more

Epstein Becker & Green

Biden NLRB Reverts to Obama Era Independent Contractor Test: Test Previously Rejected by DC Circuit

Epstein Becker & Green on

Shocking few NLRB observers, the National Labor Relations Board (NLRB), in The Atlanta Opera, Inc., Case 10-RC-276292, a 3-1 decision issued June 13, 2023, announced its modified standard for analyzing whether  workers are...more

Spilman Thomas & Battle, PLLC

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

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

Sheppard Mullin Richter & Hampton LLP

NLRB Confirms a Return to Union Gerrymandered Bargaining Units

As we previously predicted, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in American Steel Construction, Inc. (available...) and yet again overruled another case decided under the Trump...more

CDF Labor Law LLP

NLRB Reverses Position on Obligation of Employers to Continue Deducting Union Dues After Expiration of CBA

CDF Labor Law LLP on

History of Dues Checkoff Precedent  - In 1962, years before most working Americans were even born, the NLRB issued its decision in Bethlehem Steel. That decision held that dues checkoff clauses in collective bargaining...more

Polsinelli

NLRB Shifts to Heightened Scrutiny of Apparel Policies

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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

Robinson & Cole LLP

Unions Are Adding Some Heat in the Kitchen for Food & Beverage Employers

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Currently, Americans view labor unions more favorably than they have in decades, leading to an increase in union activity. The National Labor Relations Board (NLRB) reported that for the first six months of fiscal year 2022...more

Spilman Thomas & Battle, PLLC

Biden Administration Seeks to Limit Employer Speech to Aid in Union Organizing

Recently, leading officials in the Biden administration have taken steps to prevent employers from sharing their lawful views on collective bargaining in order to aid union efforts to organize more employees. These actions...more

CDF Labor Law LLP

[Webinar] What’s Happening At The NLRB - The Biden Agency That Unionized & Non-Unionized Employers Need To Be Most Focused On In...

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When it comes to federal agencies, the NLRB is becoming the center of federal workplace law. The NLRB is moving forward with a very aggressive agenda. As Congress deadlocks on almost every key issue, the DOL is still waiting...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2022

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Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

CDF Labor Law LLP

Could the National Labor Relations Act Be Getting Sharper Teeth Soon?

CDF Labor Law LLP on

President Biden’s first major domestic proposal, the Build Back Better Act (“BBB Act”), has been (and will continue to be) the subject of much press and debate.  Of particular interest to our audience, the BBB Act, an...more

Morgan, Brown & Joy, LLP

NLRB General Counsel Explains Bargaining Obligations for Unionized Employers regarding the New Emergency Temporary Standard to...

On November 10, 2021, the National Labor Relations Board’s General Counsel’s’ Office issued Memorandum OM-22-03 outlining an employer’s bargaining obligations with their unions relating to the recent Emergency Temporary...more

Littler

NLRB Memo Addresses Bargaining Obligations Over OSHA’s COVID-19 Emergency Temporary Standard

Littler on

On November 10, 2021, Joan A. Sullivan, acting associate general counsel of the National Labor Relations Board, released Operations Management Memorandum 22-03 (OM 22-03) concerning bargaining obligations under the Department...more

Bodman

Unionized Employers Must Bargain About Vaccine Policies

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On November 10, 2021, the National Labor Relations Board’s General Counsel published OM 22-03 regarding the duty to bargain over issues related to the Occupational Safety and Health Administration’s (“OSHA”) Emergency...more

CDF Labor Law LLP

NLRB’s Pro-Union Shift and Ripple Effect On Your Workplace Policies

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On February 17, 2021, President Biden nominated Jennifer Abruzzo as the General Counsel of the National Labor Relations Board (“NLRB” or “Board”).  On July 21, 2021, the U.S Senate confirmed the nomination.  As the board...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 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

Epstein Becker & Green

#WorkforceWednesday: Preparing for Biden's Vaccine Mandate, Mandate Pushback Begins, NLRA's Reach Expected to Expand - Employment...

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This week, we look at the COVID-19 vaccination requirements for federal contractors and how the National Labor Relations Board (NLRB) is creating a more expansive view of the employment relationship. Employers Prepare for...more

Ward and Smith, P.A.

How the Law Is Grappling With Free Expression, COVID-19, Diversity, and More

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Between COVID-19, last year’s demonstrations for racial justice, and a new president, there are many legal issues employers may need to consider — or reconsider. A quartet of Ward and Smith attorneys highlighted some...more

Sheppard Mullin Richter & Hampton LLP

Scabby Survives Another Trip to the NLRB: Board Reaffirms Rat-and-Banner Displays Targeting Neutral Businesses Are Permissible

On July 21, 2021, the National Labor Relations Board (“NLRB” or the “Board”) issued a 3-1 decision affirming its precedent that displaying banners and a large inflatable rat (“Scabby the Rat”) near neutral employers does not...more

Proskauer - Labor Relations Update

District Court Approves of President Biden’s Firing of Former NLRB General Counsel, But is This the Final Word?

As we reported here and here, there are several challenges to the authority of the Acting General Counsel of the National Labor Relations Board, Peter Sung Ohr, given President Biden’s unprecedented move of terminating the...more

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