NLRA, Labor Regulations, Unfair Labor Practices

NLRB Issues Two Decisions Limiting Management's Ability to Contest Unionization

Parker Poe Adams & Bernstein LLP on 11/15/2024

During union representation campaigns, it is common for employers to advise employees of the downsides posed by union recognition. The current National Labor Relations Board (NLRB) has criticized these tactics, alleging that...more

NLRB Shuts Down Mandatory Meetings on Union Views - But for How Long?

Miller Canfield on 11/15/2024

Can employers force workers to sit through a meeting where its (critical) views of unionization are presented to dissuade them from joining a union? On November 13, 2024, the National Labor Relations Board (“NLRB”) ruled that...more

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

Venable LLP on 9/27/2024

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

SpaceX Exploration: Constitutional Challenge to NLRB Structure

Bradley Arant Boult Cummings LLP on 9/5/2024

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

NLRB Will No Longer Approve Employer Proposed Consent Orders

Sheppard Mullin Richter & Hampton LLP on 8/27/2024

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

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

Husch Blackwell LLP on 7/17/2024

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

Supreme Court Rejects More Lenient Test for NLRB Injunctions

Perkins Coie on 6/20/2024

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

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

Sheppard Mullin Richter & Hampton LLP on 5/20/2024

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

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

Sheppard Mullin Richter & Hampton LLP on 4/22/2024

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

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

Husch Blackwell LLP on 2/9/2024

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

NLRB Guidance on Accelerated Union Election Schedule Effective at the End of December

Benesch on 12/13/2023

On December 8, 2023, the National Labor Relations Board’s (“NLRB”) General Counsel published a Memorandum outlining the differences between the new union-friendly election rule that becomes effective on December 26, 2023 and...more

It’s the Holiday Season, and the NLRB Is the Union-Friendly Gift That Keeps On Giving

BakerHostetler on 12/6/2023

As we reflect on the many decisions that the National Labor Relations Board (NLRB or the Board) has handed down this year (many of which are unfavorable to employers), now is the perfect time to ensure that your organization...more

National Labor Relations Board Addresses Joint Employer Standard

Perkins Coie on 11/1/2023

The National Labor Relations Board (NLRB) released a final rule on October 26, 2023, which addresses the standard under which two entities may be considered joint employers under the National Labor Relations Act (NLRA). The...more

NLRB Issues New Rule Broadening Joint-Employer Status

Bass, Berry & Sims PLC on 11/1/2023

The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, which is set to go into effect on...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

Labor Board Expands an Employer’s Duty to Bargain During Contract Negotiations

Jackson Lewis P.C. on 9/6/2023

Overruling crucial aspects of precedent, the National Labor Relations Board has expanded an employer’s duty to bargain with employees under the National Labor Relations Act following the expiration of a labor contract and...more

NLRB Adopts Standard Critical of Employer Workplace Rules, Handbooks

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/4/2023

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act...more

NLRB General Counsel Seeks Quicker Compliance With Board Orders

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/30/2023

In yet another effort to speed up the processing of cases, the National Labor Relations Board (NLRB) general counsel on May 22, 2023, issued a memorandum instructing Regional Offices to speed up compliance with Board-ordered...more

"Fight On" for Employee Status

FordHarrison on 5/24/2023

Executive Summary: The National Labor Relations Board’s (NLRB’s) recent unfair labor practice (ULP) complaint against the University of Southern California (USC), the National Collegiate Athletic Association (NCAA), and the...more

Tales From the NLRB: More Remedies More Often

Williams Mullen on 4/25/2023

On April 20, 2023, the National Labor Relations Board (Board) committed itself to imposing more remedies more often when dealing with parties “who have shown a proclivity to violate the National Labor Relations Act (NLRA) or...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

NLRB Issues Twin Rulings Expanding the Scope of 'Make-Whole' Remedies and Easing Union Organizing Burdens

Miller Canfield on 12/16/2022

On December 13, 2022, the National Labor Relations Board (NLRB) expanded the remedies that may be awarded in unfair labor practice cases. The board ruled 3-2 that affected employees may recover compensation for "all...more

The NLRB Proposes to Re-Re-Revise Its Joint Employer Standard

Spilman Thomas & Battle, PLLC on 9/8/2022

On September 6, 2022, the National Labor Relations Board (the “Board”) issued a notice of proposed rulemaking ("NPRM") regarding the standard for determining joint employer status under the National Labor Relations Act...more

The National Labor Relations Act › Labor Regulations › Unfair Labor Practices

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