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National Labor Relations Board › Unfair Labor Practices › Today's Popular Updates

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... more +
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 -
Proskauer - Labor Relations Update

Ninth Circuit Panel Hears Oral Argument on the NLRB’s Transformative Cemex Decision

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On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.) heard oral argument on the revised National...more

Proskauer - Labor Relations Update

When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected...

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On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside...more

Ballard Spahr LLP

NLRB Rolling Back More Rules from the Trump Administration

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In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

Fisher Phillips

Could SpaceX Change the Labor Board’s Future? Here’s What Employers Need to Know

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SpaceX is challenging whether the National Labor Relations Board should continue to exist as we know it. In two separate lawsuits, the aerospace company has asked a federal court to strike down the agency’s structure as...more

Morgan, Brown & Joy, LLP

The U.S. Supreme Court Clarifies the Legal Standard for the NLRB Seeking Preliminary Injunctions Against Employers

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On June 13, 2024, the U.S. Supreme Court issued Starbucks v. McKinney,1 which clarifies the legal standard governing temporary injunctions sought by the National Labor Relations Board (NLRB or Board) against employers alleged...more

Venable LLP

SCOTUS Confirms NLRB Not Entitled to Deferential Standard for Preliminary Injunctions

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In Starbucks Corp. v. McKinney, 602 U.S. ____ (2024) (hereafter, "Starbucks"), the U.S. Supreme Court (SCOTUS) recently resolved a circuit split to clarify that if the National Labor Relations Board (the Board) seeks a...more

Clark Hill PLC

Supreme Court Issues Employer-Friendly Decision Regarding the Standard to Apply to Requests for Section 10(j) Injunctive Relief...

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On June 13, the United States Supreme Court issued its long-awaited ruling in Starbucks Corp. v. McKinney. In Starbucks, the Supreme Court clarified that the traditional four-factor test courts apply to requests for...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2022

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Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

Amundsen Davis LLC

Health Care Workers And Labor Unions: The COVID “Bump” And The New Administration’s Efforts To Unionize More Workers

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For health care workers, the issues of staffing, wages and benefits are typically what unions have focused on in their organizing campaigns. Against the backdrop of the COVID-19 pandemic, these issues are heightened with the...more

Proskauer - Labor Relations Update

NLRB Division of Advice Dishes Some Guidance With Respect to COVID-Related ULP Charges

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The pandemic has thrown a number of obstacles at employers and employees as everyone attempts to navigate a novel situation. On August 13, 2020, the National Labor Relations Board (“NLRB”) Division of Advice (“Advice”), the...more

FordHarrison

California Attempts to Weed Out Unfair Labor Practices at the State Level by Enacting Union-Friendly Regulation on Employers in...

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As the cannabis industry has rapidly progressed over the years, states such as New York, New Jersey and Illinois have begun to implement legislation that encourages employers to engage in labor peace agreements with unions....more

Seyfarth Shaw LLP

Thinking About E-Verify? Verify With The Union First!

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Seyfarth Synopsis: The E-Verify program has become a controversial topic in the political arena and throughout workplaces nationwide.  Last month, the NLRB held, amongst other things, that an employer violated the NLRA by...more

Fisher Phillips

June 2017: The Top 15 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more

Epstein Becker & Green

September 2016 Special Immigration Alert

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I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more

Troutman Pepper

August 2016 Independent Contractor Misclassification and Compliance News Update

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This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

Troutman Pepper

NLRB General Counsel Creates a “Misclassification-Plus” Unfair Labor Practice

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On August 26, 2016, the National Labor Relations Board made public an Advice Memorandum from the NLRB’s Office of General Counsel regarding an unfair labor practice case arising in the context of independent contractor...more

Parker Poe Adams & Bernstein LLP

Federal ALJ Says Ban on Conducting Personal Business in Handbook Violated NLRA Rights

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The National Labor Relations Board continues its assault against standard employment policies considered to interfere with employee rights. This time, a federal administrative law judge accepted the Board counsel’s argument...more

Littler

D.C. Circuit Rejects NLRB's Award of Attorneys' Fees and Expenses in Unfair Labor Practice Cases

Littler on

The U.S. Court of Appeals for the D.C. Circuit recently rejected the National Labor Relations Board’s attempt to expand the remedies available under the National Labor Relations Act for unfair labor practices. Building on...more

Baker Donelson

NLRB: Joint Liability Inquiry Can Precede Finding on Merits of Underlying Unfair Labor Practice Charge

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In the latest development in the National Labor Relations Board's ongoing efforts to redefine joint employer status, the board has determined that an employer (whether franchisee or franchisor) can be named a joint employer...more

Fisher Phillips

What’s the Real Effect of OSHA’s Revamped Inspection Process, the “Enforcement Weighing System?”

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On October 1, OSHA started its “Enforcement Weighing System,” which means that OSHA Compliance Officers and Area Offices will be under less pressure to complete a number of inspections and will receive credit for separate...more

Pierce Atwood LLP

Is Your Company a Joint Employer?

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Please see Chart below for more information. ...more

FordHarrison

New Texas Law: Is it Enough to Ease Concern Over Franchise Liability for Employment-Related Claims?

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In response to concerns of franchisors that recent National Labor Relations Board (NLRB) actions threaten to undermine the common understanding of a franchisor-franchisee relationship, the Texas Labor Code was amended by the...more

Littler

NLRB Upholds Unilateral Changes in Negotiated Employee Benefits

Littler on

In an era when the National Labor Relations Board seldom finds actions by employers to be reasonable, that agency recently issued two decisions finding that a unilateral change in employee benefits provided under a collective...more

McAfee & Taft

NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

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Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary...more

Littler

NLRB Changes Standard for Deferral to Arbitration in Discrimination and Retaliation Cases

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In a significant recent decision, the National Labor Relations Board (NLRB or Board) again abandoned long-standing, accepted Board precedent.  In Babcock & Wilcox Construction Co., 361 NLRB No. 132 (Dec. 15, 2014), the Board...more

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