News & Analysis as of October 12, 2024

Regulatory Agenda

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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 -

Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees

CDF Labor Law LLP on 8/22/2024

The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a...more

NLRB Takes Aim at Employers that Classify Workers as Independent Contractors

Quarles & Brady LLP on 8/4/2023

In recent action, the National Labor Relations Board (“NLRB” or “Board”) has demonstrated a clear intention to closely scrutinize employers that classify workers as independent contractors. Specifically, in June, 2023, the...more

Unions Gain an Organizing Edge: NLRB Lowers Bar for Challenging Work Rules

Miller Canfield on 8/4/2023

The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more

Are Captive-Audience Meetings and Secret-Ballot Elections About to Vanish?

Stinson LLP on 5/6/2022

Uncertainty looms as NLRB General Counsel seeks to upend a combined 127 years of settled labor law to help unions organize workplaces Labor law has long been somewhat prone to uncertainty and inconsistency. - Each new...more

NLRB General Counsel Seeks to Limit Secret Ballot Elections in Favor of Union Recognition Based on Card Count

FordHarrison on 4/19/2022

Executive Summary: On April 11, 2022, the National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) filed a brief in Cemex Construction Materials Pacific, petitioning the Board to...more

The Biden Administration Takes Aim at Increasing Worker Empowerment

Akerman LLP - HR Defense on 3/1/2022

When President Biden took office in 2021, he vowed to be the “most pro-union president” this country has ever seen. Although President Biden was unable to deliver some key worker legislation during his first year in office,...more

BREAKING: Senate Committee Proposes Bill to Add Civil Penalties to NLRA

Proskauer - Labor Relations Update on 12/13/2021

As we have discussed previously, Congressional Democrats have been attempting to amend the National Labor Relations Act (“NLRA”) for the last few years. ...more

NLRB Takes One Step Closer to Expanding The Possible Damages Awarded to Employees Fired in Violation of the Act

Proskauer - Labor Relations Update on 11/17/2021

On November 10, 2021, the National Labor Relations Board announced that it is seeking public input to address whether the Board should award consequential damages to make employees whole for economic losses and under what...more

NLRB Considers Rulemaking on Virtual Hearings

Littler on 11/16/2021

On November 4, 2021, the National Labor Relations Board (NLRB) issued an Advance Notice of Proposed Rulemaking (ANPRM), soliciting public comments regarding potential revision of the Board’s rules and regulations to...more

House Committee Attempts to Secure “PRO Act” Changes to Labor Law Through Reconciliation Process of Next Federal Budget

Proskauer - Labor Relations Update on 9/10/2021

As we have discussed in previous posts, the Protect the Right to Organize Act (“PRO Act”), which would drastically and fundamentally change the nature and scope of the National Labor Relations Act (“NLRA”) and...more

U.S. House Poised to Add Civil Penalties to National Labor Relations Act

Littler on 9/9/2021

With supporters of the Protecting the Right to Organize (PRO) Act unable to advance the legislation under the regular rules of the Senate, they are now attempting to move pieces of the legislation by way of special rules...more

PRO Act Would Upend U.S. Labor Laws for Non-Union and Unionized Employers Alike

Littler on 2/10/2021

On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act. Introduction was expected, as President Biden pledged to be “the strongest labor president you have ever had” during...more

EEOC, NLRB, DOL Plan to Issue Rules Governing Joint Employment

Littler on 11/21/2019

The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal...more

NLRB Announces Proposed Revisions to Representation Procedures

ArentFox Schiff on 8/21/2019

The National Labor Relations Board recently issued a 113-page Notice of Proposed Rulemaking as the first of a planned series of revisions to its representation procedures under Section 9 of the National Labor Relations Act. ...more

NLRB Issues Notices Of Proposed Rule Making To Codify Certain Union Election Procedures

Seyfarth Shaw LLP on 8/20/2019

Seyfarth Synopsis: The NLRB recently published a Notice of Proposed Rule Making regarding three proposed amendments to its current rules and regulations for union elections. These amendments consist of: (1) a change from the...more

Don’t Say That! … Or Do? New Court Guidance on Employer Statements in Union Organizing Campaigns

Cozen O'Connor on 8/13/2019

I often advise employers large and small on what to do (and what not to do) during union organizing campaigns. I am continually surprised at how many employers have misconceptions about the do’s and don’ts when a campaign is...more

NLRB Issues Proposed Rule on Union Election Policies

Polsinelli on 8/13/2019

On August 9, 2019, the National Labor Relations Board (“NLRB” or “Board”) issued the first of an anticipated sequence of regulations addressing certain union election procedures. The proposed rule, published in the Federal...more

National Labor Relations Board Proposes Rulemaking Concerning Certain Union Representation Processes

Littler on 8/13/2019

On August 9, 2019, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking (NPRM) proposing three amendments to the representation election regulations contained in 29 CFR Part 103. The first...more

NLRB Shows Its Hand: Shift Toward Employer-Friendly Standards to Continue

Ballard Spahr LLP on 5/29/2019

The National Labor Relations Board (NLRB) last week announced its rulemaking priorities for the coming year in its Spring 2019 regulatory agenda. ...more

Out With the Old, In With the New: Is This the “New” NLRB?

Burr & Forman on 1/18/2018

As you have likely seen by now, December was quite a busy month for the National Labor Relations Board (“the Board”). The Board issued major decisions affecting employers, and Peter Robb, the new General Counsel for the Board...more

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