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The National Labor Relations Act › Third-Party

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 -
Jackson Lewis P.C.

NLRB Overrules Standard on Employer Predictions for How Unionizing Impacts Employer-Employee Relationship

Jackson Lewis P.C. on

The National Labor Relations Board once again has reversed precedent. It will now use a case-by-case analysis to determine whether an employer’s statements about the negative impacts of unionization on the relationship...more

Sherman & Howard L.L.C.

NLRB Proving Even Lame Ducks Can Still Quack

Sherman & Howard L.L.C. on

Two very recent post-election National Labor Relations Board (NLRB) decisions portend a flurry of NLRB anti-employer activity prior to the beginning of the new administration. Both decisions demonstrate that the current...more

Akin Gump Strauss Hauer & Feld LLP

NLRB’s Joint Employer Rule Vacated

Akin Gump Strauss Hauer & Feld LLP on

The National Labor Relations Act (NLRA) gives employees the right to unionize and imposes obligations on employers to collectively bargain with unions representing their employees. Failing to recognize those rights and...more

Davis Wright Tremaine LLP

NLRB's New Joint-Employer Standard Drastically Increases Potential Liability for Businesses Employing Third Parties

Davis Wright Tremaine LLP on

The National Labor Relations Board (NLRB or Board) released its Final Rule on October 26, 2023, drastically expanding the circumstances under which separate entities could be considered joint employers. Under the Final Rule,...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL revises labor “persuader” form to require information about federal contracts, subcontracts

Constangy, Brooks, Smith & Prophete, LLP on

On July 28, the U.S. Department of Labor, Office of Labor-Management Standards, issued its final revision of Form LM-10 and a Fact Sheet. The revised form will require employers who use labor “persuaders” to indicate when the...more

Fisher Phillips

NLRB Reinstates Broad Property Access Rights for Third-Party Contractors

Fisher Phillips on

The National Labor Relations Board just overruled a key Trump-era decision that had narrowed property access rights for off-duty contractor employees, eliminating a powerful tool for employers to combat unwanted solicitation...more

Jackson Lewis P.C.

Third-Party Access To Employer Property Under Court Scrutiny

Jackson Lewis P.C. on

When assessing whether a private employer must allow others access to its private property for union organizational purposes, the National Labor Relations Board’s (NLRB) precedent often has hinged on whether the person...more

Husch Blackwell LLP

Ninth Circuit Construes Secondary Picketing In Context Of Shared Job Site

Husch Blackwell LLP on

It’s become increasingly common for businesses to subcontract workers to perform jobs at a location that is shared with the business or other neutral third parties. When picketing at common job sites shared by the employees...more

Jackson Lewis P.C.

Protecting The Right To Organize (PRO) Act Passes House, Awaits Senate Fate

Jackson Lewis P.C. on

A revived “Protecting the Right to Organize Act,” or PRO Act, has passed the House of Representatives again. The sponsors described the bill as comprehensive labor legislation aimed at bolstering workers’ collective...more

ArentFox Schiff

NLRB: Property Rights Trump Off-Duty Employees’ Section 7 Rights

ArentFox Schiff on

In a split decision, the National Labor Relations Board (NLRB or the Board) ruled last week that a property owner that is not in any underlying labor dispute, does not have to grant access to off-duty employees of an onsite...more

Benesch

NLRB Rules that Employers Can Prohibit Access of Off-Duty Employees of Contractors for Section 7 Rights

Benesch on

A property owner generally has the right to control access to its property, including the rights to restrict hours of access, to prohibit certain activities when access is granted, and exclude or prevent access. These rights...more

Morrison & Foerster LLP - Social Media

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Morrison & Foerster LLP - Social Media on

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Foley & Lardner LLP

Someone’s Knocking: If It’s the Union, Don’t Let Them in

Foley & Lardner LLP on

The National Labor Relations Act protects employee solicitation of other employees and distribution of literature to form or join a union or to engage in other “concerted” activities. However, employers have the ability to...more

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