NLRA, Labor Reform, Collective Bargaining

NLRB and Union Relations Beyond 2024 – What Will the Election Bring?

CDF Labor Law LLP on 7/31/2024

As we have reported many times, the National Labor Relations Board (NLRB) is a powerful agency that regulates both the union and non-union workplace. However, the NLRB is also a largely political organization that...more

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on 3/14/2024

Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable...more

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

Polsinelli on 3/12/2024

On the eve of its going into effect, a federal court struck down the expansive joint-employment standard announced by the National Labor Relations Board (“NLRB” or “Board”) last fall. At issue is who may be considered a...more

NCAA Proposes Classifying Certain NCAA Student Athletes as Employees

CDF Labor Law LLP on 12/6/2023

The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National...more

Employers May Be Required to Bargain Under New NLRB Joint Employment Rule

Schwabe, Williamson & Wyatt PC on 10/31/2023

October 30, 2023 The rule takes effect December 26, 2023‎ Of Counsel On October 25, the National Labor Relations Board (NLRB) issued its Final Rule that dramatically expanded the definition of joint employment under the...more

NLRB Issues Expansive New Rule Tying Joint Employer Status to the Authority to Control One or More Employment Terms

Steptoe & Johnson PLLC on 10/31/2023

The National Labor Relations Board (NLRB or the Board) has issued a final rule on its new standard for finding that two entities are a joint employer. The rule focuses on whether the alleged joint employer has the authority...more

NLRB Announces Broadened Standard for Determining Joint-Employer Status

Foley Hoag LLP on 10/30/2023

On October 27, 2023, the National Labor Relations Board (NLRB) published a final rule that establishes a new standard for determining whether two or more employers, as defined by the National Labor Relations Act, may be...more

Judge Issues First Post-Cemex Bargaining Order Despite Employer Winning Union Election

Sheppard Mullin Richter & Hampton LLP on 10/23/2023

As we previously reported and discussed here, the Cemex Construction Materials Pacific, LLC ruling has dramatically changed the threshold that will prompt the National Labor Relation Board (“NLRB”) to issue mandatory...more

Illinois Governor Amends Labor Disputes Act

Littler on 6/27/2023

On June 9, 2023, Illinois Governor J. B. Pritzker signed into law HB 2907 and HB 3396, amending the Illinois Labor Disputes Act (“Act”) to expand protections for striking workers. The new law restricts defensive measures...more

Michigan Repeals Right-to-Work Law

Littler on 3/29/2023

In 2012, Michigan enacted a right-to-work statute that prevented employees from being forced to join or financially support a labor union as a condition of employment. On Friday, March 24, 2023, Michigan became the first...more

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on 1/9/2023

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

Remedies for NLRA Violations Now Include Consequential Damages: Important Takeaways for Employers

PilieroMazza PLLC on 1/6/2023

Last year, the National Labor Relations Board (NLRB), the agency tasked with enforcing employee rights to organize and discuss terms of employment, issued a number of decisions that impacted U.S. labor law. One decision...more

“Outlook Not So Good” – An Employer’s Guide to the NLRB’s 2023 Agenda

Polsinelli on 12/28/2022

“Should Employers have any hope for impartiality and good decisions from the National Labor Relations Board (“NLRB” or the “Board”) in 2023?” Posed to the old Magic 8 Ball, the answer is “Don’t count on it.”...more

The Practical NLRB Advisor – Fall 2022

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/27/2022

In the last issue of the Ogletree Deakins Practical NLRB Advisor, we utilized this space to remark that the current general counsel’s (GC) multifaceted and radical agenda posed genuine institutional issues for the National...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

Potential Rescission of NLRB’s 2020 Election Protection Rule

Littler on 11/11/2022

On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more

As Union Support Increases, so Does the Need for Effective Labor Management and Training

FordHarrison on 7/26/2022

Executive Summary: Recently, the National Labor Relations Board (“NLRB” or “the Board”) issued a press release detailing an increase in labor activity this year. Compared to this time last year, the Board has seen an...more

General Counsel Abruzzo Looks to Overturn Board Precedent Again: This Time, Seeking to Broaden Union Access to Public Spaces

Proskauer - Labor Relations Update on 5/31/2022

In an Advice Memorandum released on May 25, 2022, NLRB General Counsel Jennifer Abruzzo laid out a blueprint for changes she’d like made to Board precedent concerning union representatives’ access to employer property. At...more

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