NLRA, Biden Administration, Labor Reform

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

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

Epstein Becker & Green on 6/28/2023

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

NLRB Confirms a Return to Union Gerrymandered Bargaining Units

Sheppard Mullin Richter & Hampton LLP on 12/20/2022

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

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

NLRB's Top Prosecutor Seeks to Muzzle Employers by Banning Employee Meetings

FordHarrison on 4/13/2022

Executive Summary: In an April 7, 2022 memo from the NLRB, General Counsel Jennifer Abruzzo (“Abruzzo”) announced her intent to challenge employers’ long-standing practice of holding informational meetings regarding union...more

NLRB General Counsel Aggressively Seeks to Expand Unions’ Right to Demand Recognition; Restrict Employer Speech

Littler on 4/13/2022

National Labor Relations Board (“NLRB” or “the Board”) General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled...more

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

CDF Labor Law LLP on 12/15/2021

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

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

CDF Labor Law LLP on 10/22/2021

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

BREAKING: Jennifer Abruzzo is Sworn In as General Counsel of the NLRB

Proskauer - Labor Relations Update on 7/23/2021

After being nominated by President Biden on February 17, 2021, Jennifer Abruzzo was sworn in as General Counsel of the NLRB yesterday by Chairman Lauren McFerran. Abruzzo will serve a four-year term as General Counsel,...more

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

Proskauer - Labor Relations Update on 7/16/2021

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

Transportation Industry Alert - Labor Law Changes from the Biden Administration on the Horizon

FordHarrison on 7/16/2021

Executive Summary: In September 2020, then-presidential candidate Joe Biden promised organized labor that, if elected, he would be the “strongest labor president you’ve ever had.” ...more

The Practical NLRB Advisor: Summer 2021

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/15/2021

On the eve of his election, President Joe Biden promised to “be the most pro-union president you’ve ever seen.” True to his word, his administration has thus far granted organized labor’s every ask. Only 23 minutes into his...more

The Biden Labor Platform - The First 100 Days and Beyond | Key Takeaways for Union and Non-Union Employers

McDermott Will & Emery on 6/9/2021

Before the 2020 election, then US Presidential candidate Joe Biden vowed to be the “strongest labor president you have ever had.” And after a little more than 100 days, President Biden shows every sign of living up to his...more

Hitting the Ground Running: The First 100 Days of the Biden Administration, and Key Takeaways for Employers

Littler on 5/4/2021

In September 2020, then-candidate Joe Biden promised organized labor that, if elected, he would be the “strongest labor president you’ve ever had.” In his first 100 days in office, now President Biden has acted quickly and...more

NLRB Declines to Address Validity of Acting GC’s Appointment, Instead Deferring the Issue to the Courts

Proskauer - Labor Relations Update on 5/3/2021

On April 30, 2021, in National Association of Broadcast Employees & Technicians, 370 NLRB No. 114 (2021), the Board declined to opine on the validity of President Biden’s termination of former General Counsel Peter Robb and...more

Biden Administration Announces White House Task Force on Worker Organizing and Empowerment

Proskauer - Labor Relations Update on 4/28/2021

On Monday, April 26, 2021, the White House released a press briefing detailing the establishment of a new White House Task Force on Worker Organizing and Empowerment (the “Task Force”). The Task Force, which the White House...more

Are You Prepared for the Return of the War on Employee Handbooks?

Littler on 4/15/2021

The National Labor Relations Act governs what most private-sector employers can say and do with respect to employee “concerted” or group activities, whether they are represented by a union or not. ...more

[Podcast] NLRB Decisions on the Chopping Block: Expected Changes from the Board that May Affect Employers

BakerHostetler on 3/30/2021

Jeremy Hart an attorney in BakerHostetler’s Labor and Employment Group, discuss the top five NLRB decisions on the chopping block that are expected with the Biden Administration and potential consequences of the National...more

Changing of the Guard: NLRB Precedent Under Biden Administration

Holland & Hart - Employers' Lawyers on 3/25/2021

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

The Practical NLRB Advisor: Winter 2021

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/17/2021

The election of President Joe Biden, a longtime vocal supporter of organized labor, coupled with control of both chambers of Congress by the traditionally labor-friendly Democratic Party, is the prelude to changes on the...more

The Pro-Union PRO Act passes the U.S. House of Representatives

Foster Swift Collins & Smith on 3/12/2021

On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act, known as the PRO Act, with a largely party line vote of 225-206. ...more

Once Again, the House Passes “Protect the Right to Organize Act,” Sending Bill to Senate

Proskauer - Labor Relations Update on 3/11/2021

As we recently foreshadowed, given the slim Democratic margins in the House and Senate, and a Democratic President, there is the potential for the most significant amendments to the National Labor Relations Act (“NLRA” or...more

The First 100 Days of the Biden Administration: Labor and Employment Activity (UPDATED)

Franczek P.C. on 2/15/2021

In week four, the Administration’s labor and employment activity includes further reversal of Trump era initiatives at the National Labor Relations Board (NLRB), including a move to protect “Scabby the Rat”, the nomination of...more

PRO Act Would Upend U.S. Labor Laws for Non-Union and Unionized Employers Alike

Littler on 2/10/2021

On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act. Introduction was expected, as President Biden pledged to be “the strongest labor president you have ever had” during...more

What Does a Biden Administration and Democratic Control of Congress Mean for Labor Policy?

Spilman Thomas & Battle, PLLC on 2/4/2021

In February 2020, the House of Representatives passed the Protecting the Right to Organize Act (the "PRO Act"), codifying several Obama-era decisions and rulemakings that facilitate union organizing and make it easier for...more

The National Labor Relations Act › Biden Administration › Labor Reform

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