News & Analysis as of November 17, 2024

National Labor Relations Board › Comment Period

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

FDIC Looks to Ban Non-Competes in Bank Mergers

BakerHostetler on 4/8/2024

The ever-growing pool of Washington alphabet soup agencies targeting the use of employee non-competes has expanded and now includes — along with the FTC and NLRB – the Federal Deposit Insurance Corporation (FDIC)....more

Chamber of Commerce Lawsuit Pushes Back NLRB Joint-Employer Rule Start Date Again

Proskauer - Labor Relations Update on 2/26/2024

On February 22, 2024, a judge in the Eastern District Court of Texas issued a stay which will delay the effective start date of the National Labor Relations Board’s (“NLRB”) new joint-employer rule by 14 days, from February...more

New Year, New...Laws

Bricker Graydon LLP on 1/18/2024

With the turn of the new year, your newly invigorated gym plans and salads every night are not the only changes from 2023. Federal and Ohio law are already making “New year, New me” changes. Some changes are here to stay...more

Beltway Buzz - August 2023 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/21/2023

Congress May Kick Appropriations Can to December. Like many of us, our elected federal legislators have grown more comfortable with working remotely. That is why this week, even though the U.S. Congress was out on its August...more

Policy Matters Newsletter - April 2023

Seyfarth Shaw LLP on 4/12/2023

More Fallout From The FTC Proposed Noncompete Rule. As Seyfarth summarized here, and we podcasted and summarized here, the FTC has published a proposed rule which would ban all non-compete agreements between employers and...more

Beltway Buzz - January 2023 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/16/2023

U.S. House of Representatives Gets to Work. Hours after the Buzz published on January 6, 2023, Representative Kevin McCarthy (R-CA) was elected Speaker of the House on the fifteenth round of voting. With that, members were...more

Beltway Buzz - December 2022 #2

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

Democrats Claim Senate Majority. This week, Senator Raphael Warnock won a runoff election to serve a full term as U.S. senator for Georgia. The victory gave Senate Democrats a true majority (51–49) in the upper chamber for at...more

NLRB Proposes to Roll Back Union Election Rules

Bond Schoeneck & King PLLC on 12/1/2022

On Nov. 2, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking seeking to strengthen protections for unions in the election process. Among other things, the proposal would alter the rules...more

NLRB Proposes Rescission of Recently Issued Rules on Elections

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/14/2022

On November 4, 2022, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) seeking to rescind the “election protection” rule published on April 1, 2020, and to restore the prior protocols,...more

NLRB Reinstates Pre-2020 Union Election Rules

Parker Poe Adams & Bernstein LLP on 11/11/2022

In 2020, the National Labor Relations Board’s (NLRB) Republican-appointed majority adopted regulations dealing with the effect of allegations of coercive conduct on pending union elections. Those rules removed the so-called...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

NLRB Proposal Seeks to Make Removing Unions More Difficult

CDF Labor Law LLP on 11/10/2022

The Biden National Labor Relations Board has been very busy trying to undue the work of the Trump Board ever since Jennifer Abruzzo took over as NLRB General Counsel. In the latest maneuver, on November 3rd, the Board issued...more

Transportation and Supply Chain Snapshot: NLRB’s Proposed Joint Employer Rule Will Pose New Challenges for Employers

Fisher Phillips on 11/10/2022

This FP Transportation and Supply Chain Snapshot is intended to ensure industry employers are aware of an impending rule from the National Labor Relations Board that could upend the way you do business. The agency is seeking...more

NLRB Proposes to Roll Back Its 2020 Rule Regarding Removal of a Union

Frantz Ward LLP on 11/9/2022

In March of 2020, the National Labor Relations Board (“NLRB” or “the Board”) finalized a rule that substantially overhauled certain parts of NLRB election procedures thereby providing additional protections to the rights of...more

NLRB Seeks to Make Union Removal More Difficult

Kilpatrick on 11/8/2022

On November 3, 2022, the National Labor Relations Board issued a proposed rule that would rescind a 2020 rule issued under the Trump Administration and make it more difficult for workers who are dissatisfied with their unions...more

Labor Board Proposal Aims to Make it Harder to Remove Unions

Fisher Phillips on 11/4/2022

The National Labor Relations Board just took the first step towards scrapping Trump-era rules that had made it easier for workers to undo union representation, the next pro-labor move from an increasingly active federal...more

Beltway Buzz - October 2022 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/31/2022

DOL Extends IC Proposal Comment Period. On October 25, 2022, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced an extension of the public comment period for its proposal to amend the independent contractor...more

Beltway Buzz - October 2022 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/24/2022

The federal contractor vaccine requirement is back in the news. As T. Scott Kelly and Emily Halliday discussed, in late August 2022, the U.S. Court of Appeals for the Eleventh Circuit narrowed the coverage of a previously...more

National Labor Relations Board Proposes New Joint Employer Definition

Venable LLP on 10/13/2022

On September 6, 2022, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking, which proposed a change to the standard for determining joint employer status under the National Labor Relations...more

NLRB Proposes New Joint Employer Rule

Akerman LLP - HR Defense on 10/6/2022

Do you know which workers are your employees? That answer may change if a new rule proposed by the National Labor Relations Board (NLRB) takes effect. Last month, the NLRB issued a Notice of Proposed Rulemaking on the...more

NLRB Proposes to Expand Joint-Employer Liability Standard

Nelson Mullins Riley & Scarborough LLP on 10/3/2022

The National Labor Relations Board (NLRB) is currently seeking public comment on its proposed rule change that would expand the scope of joint-employer liability under the National Labor Relations Act (NLRA). If implemented,...more

NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?

Franczek P.C. on 9/30/2022

On September 6, the National Labor Relations Board (the Board) issued a proposed rule to revise the current standard to determine whether employers are “joint employers” under the National Labor Relations Act (NLRA). The...more

The Back-and-Forth Continues: NLRB Once Again Seeks to Broaden Its Joint-Employer Standard

Jones Day on 9/21/2022

In Short - The Situation: The National Labor Relations Board ("NLRB" or "Board") recently issued a Notice of Proposed Rulemaking to articulate the standard for determining joint-employer relationships under the National...more

National Labor Relations Board’s Notice of Proposed Rulemaking – Potential Change in the Standard for Determining “Joint-Employer”...

Burr & Forman on 9/15/2022

Joint-Employer Doctrine under the National Labor Relations Act - Under the joint-employer doctrine, an individual may be considered an employee of an entity that is not the individual’s formal employer. If a company is a...more

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National Labor Relations Board › Comment Period

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