News & Analysis as of November 15, 2024

Wages

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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

The NLRB on What Employers Get Wrong

Ward and Smith, P.A. on 12/18/2023

At Ward and Smith’s recent annual Employment Law Symposium, two attorneys from the firm’s labor and employment group, Grant Osborne and X. Lightfoot, interviewed Shannon Meares, a regional attorney with the National Labor...more

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

Smith Gambrell Russell on 10/30/2023

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes...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

Non-Union Employers Face Triple Threat: Unfair Labor Practice Charges, Unionization, and Bargaining Orders

Davis Wright Tremaine LLP on 10/20/2023

The National Labor Relations Board has released more statistics that further confirm what labor lawyers suspected: Employers are subject to more unfair labor practice charges, Employees and labor organizations are...more

Giving the Unions Their Dues: NLRB ALJ Finds Partial Preemption of Wisconsin Right-to-Work Law

Seyfarth Shaw LLP on 3/20/2017

Seyfarth Synopsis: Administrative Law Judge found that the NLRA preempts part of Wisconsin’s right-to-work law that restricts employers from deducting union dues directly from employees’ paychecks....more

NLRB Upends Traditional Backpay Formula Providing Potential Windfall to Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/2/2016

In calculating backpay owed to former employees the National Labor Relations Board (NLRB) has concluded were wrongfully terminated, the Board has historically deducted any interim earnings. In calculating interim earnings,...more

The NLRB Issues Key Rulings Regarding Employee E-Mail Use, Deferrals To Arbitration, And Representation-Case Procedures

Laner Muchin, Ltd. on 1/28/2015

The 2014/2015 holiday season marked a period of change for the National Labor Relations Board (NLRB). First, on December 11, 2014, the NLRB ruled that under Section 7 of the National Labor Relations Act (NLRA) employees can...more

NLRB Says Individual Gripes About Wages are "Inherently Concerted" Activity

Baker Donelson on 1/28/2015

Many employers consider it appropriate to discourage employees from discussing compensation with their coworkers. Particularly in non-unionized environments, employers may not think twice before disciplining employees for...more

Fifth Circuit Agrees With NLRB That Employer Cannot Prohibit Wage Discussions

Parker Poe Adams & Bernstein LLP on 4/21/2014

The National Labor Relations Board has long held that employers cannot prohibit employees from sharing salary information among themselves. Last month, the Fifth Circuit Court of Appeals upheld an expanded NLRB ban on...more

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National Labor Relations Board › Unfair Labor Practices › Wages

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