News & Analysis as of November 17, 2024

The National Labor Relations Act

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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 -

The NLRB Returns to Its Pre-2020 Policies and Procedures in Its “New” Blocking Charge and Voluntary Recognition Rules

BakerHostetler on 8/22/2024

The National Labor Relations Board (NLRB or Board) recently revived its “blocking charge” policy, voluntary recognition process and construction industry bargaining relationship policy by returning to its pre-April 2020...more

NLRB Finalizes New ‘Blocking Charge,’ Voluntary Recognition Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/29/2024

On July 26, 2024, the National Labor Relations Board (NLRB) completed their unraveling of the commonsense representation case election rules previously implemented by the Board in 2020. ...more

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated Before Taking Effect (Updated...

Benesch on 7/26/2024

Update: Since the alert below was issued on March 13, 2024, the National Labor Relations Board (the “Board”) appealed the lower court’s decision to the Fifth Circuit Court of Appeals. On July 19, 2024, the Board filed an...more

Federal Court Throws Out NLRB's Joint Employer Rule

Parker Poe Adams & Bernstein LLP on 3/15/2024

Last week, a federal district court judge in Texas struck down the National Labor Relations Board’s joint employer rule. That rule significantly expands the definition of joint employers, making a company subject to NLRB...more

Texas Court Halts NLRB’s Proposed New Joint-Employer Rule

White and Williams LLP on 3/14/2024

On Friday, March 8, 2024, the Eastern District of Texas halted a new National Labor Relations Board (NLRB) joint-employer rule that would have taken effect on March 11, 2024. The new Joint-Employer Rule would have implemented...more

NLRB’s Joint Employer Rule Vacated

Akin Gump Strauss Hauer & Feld LLP on 3/14/2024

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

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated before Taking Effect

Benesch on 3/14/2024

A National Labor Relations Board (the “Board”) rule set to take effect on Monday, March 11 and slated to significantly expand the circumstances in which a company would be deemed a joint employer under the National Labor...more

New NLRB Joint Employer Rule Stayed Until March 11, 2024

Foley & Lardner LLP on 3/5/2024

On October 26, 2023, the National Labor Relations Board (the NLRB or the “Board”) issued its heavily-anticipated final rule (the “New Rule”) addressing the standard for determining joint-employer status under the National...more

Federal Court Delays Effective Date of NLRB Joint Employer Rule

Parker Poe Adams & Bernstein LLP on 3/1/2024

Last week, a Texas federal court extended a temporary ban on implementation of the National Labor Relations Board’s joint employer rule until March 11. The rule was originally effective in December, but the NLRB delayed the...more

NLRB Substantially Broadens Standard for Joint Employer Status

Morgan, Brown & Joy, LLP on 2/1/2024

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule that significantly broadens the standard for who qualifies as a joint employer under the National Labor Relations Act (NLRA). Under the new...more

NLRB Delays New Joint Employer Rule

Manatt, Phelps & Phillips, LLP on 12/28/2023

Facing legal challenges, the National Labor Relations Board (NLRB) has pushed out the effective date of its new joint employer rule. ...more

What Employers Should Know About the NLRB’s New Joint Employer Rule

Foster Garvey PC on 11/29/2023

The National Labor Relations Board ("NLRB") recently issued a new joint employment rule that employers should review to avoid incurring or mitigate the responsibilities and potential liability of a joint employer under the...more

NLRB Adopts, Then Extends Deadline for New Joint Employer Rule

Holland & Knight LLP on 11/22/2023

The National Labor Relations Board (NLRB) on Oct. 26, 2023, issued a new rule that significantly expands who qualifies as a joint employer under the National Labor Relations Act. Under the new rule, which rescinds the prior...more

NLRB’s New Rule Sings “Come Together, Right Now”

Foley & Lardner LLP on 11/7/2023

On October 26, 2023, the National Labor Relations Board (NLRB or the “Board”) issued its long-awaited final rule (the “New Rule”) addressing the standard for determining joint-employer status under the National Labor...more

NLRB Creates NEW Joint Employer “Test” Likely Resulting in De Facto Liability for Employers Regarding Another Employer’s...

Amundsen Davis LLC on 10/27/2023

Today the National Labor Relations Board (NLRB) officially published its NEW Joint Employer Rule, that lowers the standard to an unprecedented level whereby an entity may be deemed jointly liable and responsible under the...more

Exercise Your Joints: NLRB Issues Final Rule on Joint Employers

Bradley Arant Boult Cummings LLP on 10/26/2023

Today, the NLRB issued their Final Rule on what constitutes joint-employer status under the National Labor Relations Act. This new rule overrides the old 2020 standard, that was much stricter in what type of control had to...more

Top Three Labor Trends to Watch for in Q4 2023

McDermott Will & Emery on 10/10/2023

As we enter the last quarter of 2023, here are some of the key issues impacting employers: 1. New joint employer standard: More companies will be pulled into union organizing campaigns, contract negotiations and National...more

Risk of Cemex Bargaining Order Raises Stakes for Employers that Commit Serious Unfair Labor Practices During Union Campaigns

Genova Burns LLC on 9/1/2023

Expressing palpable frustration with an employer that committed many unfair labor practice charges after a union filed an election petition, and acknowledging the lack of serious disincentives to engage in unlawful behavior...more

Return to the Expedited Election Rules

Burr & Forman on 8/30/2023

On August 24, 2023, the U.S. National Labor Relations Board (“NLRB”) rolled back several Trump-era rules regarding how elections are conducted. More specifically, the new rules re-implement a series of Obama-era rules that...more

NLRB Adopts New Standard for Employer Work Rules

Manatt, Phelps & Phillips, LLP on 8/30/2023

The National Labor Relations Board (NLRB) has adopted a new standard for evaluating challenges to employer work rules as facially unlawful under Section 8(a)(1) of the National Labor Relations Act (NLRA), overruling a...more

The Return of Quickie Union Elections: Top 10 Things Employers Need to Know About Labor Board’s Broad New Rule

Fisher Phillips on 8/28/2023

Employers were dealt yet another blow Thursday when the National Labor Relations Board re-introduced “quickie” elections and accelerated the time period between union petitions and elections. This is just one of the changes...more

Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for...

BakerHostetler on 5/17/2023

In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more

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National Labor Relations Board › New Rules › The National Labor Relations Act

The NLRB Returns to Its Pre-2020 Policies and Procedures in Its “New” Blocking Charge and Voluntary Recognition Rules

NLRB Finalizes New ‘Blocking Charge,’ Voluntary Recognition Rules

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated Before Taking Effect (Updated...

Federal Court Throws Out NLRB's Joint Employer Rule

Texas Court Halts NLRB’s Proposed New Joint-Employer Rule

NLRB’s Joint Employer Rule Vacated

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated before Taking Effect

New NLRB Joint Employer Rule Stayed Until March 11, 2024

Federal Court Delays Effective Date of NLRB Joint Employer Rule

NLRB Substantially Broadens Standard for Joint Employer Status

NLRB Delays New Joint Employer Rule

What Employers Should Know About the NLRB’s New Joint Employer Rule

NLRB Adopts, Then Extends Deadline for New Joint Employer Rule

NLRB’s New Rule Sings “Come Together, Right Now”

NLRB Creates NEW Joint Employer “Test” Likely Resulting in De Facto Liability for Employers Regarding Another Employer’s...

Exercise Your Joints: NLRB Issues Final Rule on Joint Employers

Top Three Labor Trends to Watch for in Q4 2023

Risk of Cemex Bargaining Order Raises Stakes for Employers that Commit Serious Unfair Labor Practices During Union Campaigns

Return to the Expedited Election Rules

NLRB Adopts New Standard for Employer Work Rules

The Return of Quickie Union Elections: Top 10 Things Employers Need to Know About Labor Board’s Broad New Rule

Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for...

Employment Flash - April 2023

NLRB New Rule Affects How All Employers Should Approach Severance Agreements and Other Employment Contracts

BREAKING: NLRB General Counsel Issues Memo on Bargaining Obligations Under OSHA’s Vaccination Requirements

National Labor Relations Board › New Rules › The National Labor Relations Act

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