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National Labor Relations Board › Unions › Employees

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 -
UB Greensfelder LLP

NLRB Outlaws Captive Audience Meetings

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What employers should do to avoid violation - On November 13, 2024, the National Labor Relations Board (“NLRB” or “the Board”) ruled that captive audience meetings— mandatory employer-sponsored meetings attempting to...more

Verrill

National Labor Relations Board Bans Captive Audience Meetings

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On November 13, 2024, the National Labor Relations Board (NLRB) issued a landmark decision in the case of Amazon Services LLC, banning so-called “captive audience meetings,” a tool regularly used by employers in response to...more

Foley Hoag LLP

NLRB Finds Employers May Violate Federal Labor Law by Making Statements about Union’s Impact on Employee-Employer Relations

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On November 8, 2024, the National Labor Relations Board (“NLRB” or the “Board”) released its decision in Siren Retail Corp., 373 NLRB No. 135, holding that employers may violate the National Labor Relations Act (“NLRA” or the...more

Polsinelli

The NLRB Boomerangs Back to 1969 Standard for Employer Statements Regarding Unionization Efforts

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On November 8, 2024, the National Labor Relations Board (“NLRB”) issued a decision in Siren Retail Corp. d/b/a Starbucks, throwing out an almost 40-year-old rule that categorically allowed employers to tell their employees...more

Quarles & Brady LLP

What a Republican Administration Could Mean for the NLRA

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With the change to a Republican administration, similar to the past, it is likely that we will see a change in enforcement of the National Labor Relations Act (“NLRA”)....more

Bradley Arant Boult Cummings LLP

Not Your Grandparents’ Unions: NLRB Sees Large Rise in Organizing Petitions

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The National Labor Relations Board and unions have been busy. The NLRB received 3,286 union election petitions during FY 2024, up 27% since FY 2023 (when the NLRB received 2,593 petitions) and more than double the number of...more

Littler

Sixth Circuit Clarifies Employer’s Bargaining Obligations During Public Health Emergencies

Littler on

In National Labor Relations Board v. Metro Man IV, LLC, Case No. 07-CA-264407 (6th Cir. Aug. 29, 2024), the U.S. Court of Appeals for the Sixth Circuit partly upheld and partly reversed a National Labor Relations Board...more

CDF Labor Law LLP

Captive Audience Meetings Now Banned By State Law in California 

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Last Friday, Governor Newsom signed SB 399 – The California Worker Freedom from Employer Intimidation Act into law.   SB 399, which will take effect on January 1, 2025, prohibits private and public employers in...more

Littler

Dear Littler: What Are Some Considerations Before Implementing Our Return-to-Office Policy?

Littler on

Dear Littler, We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain...more

CDF Labor Law LLP

NLRB, DOJ, FTC and DOL Formalize the Exchange of Information to Help Scrutinize The Impact of Mergers on Workers

CDF Labor Law LLP on

The MOU - On August 28, 2024, the National Labor Relations Board and Department of Labor (“Labor Agencies”) entered into a Memorandum of Understanding with the Department of Justice – Antitrust Division and the Federal...more

Sheppard Mullin Richter & Hampton LLP

NLRB Will No Longer Approve Employer Proposed Consent Orders

Sheppard Mullin Richter & Hampton LLP on

As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policy, and shifting toward pro-union and...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

Shutts & Bowen LLP

Breaking News: Federal Judge Blocks Nationwide Implementation of the FTC’s New Rule Banning Noncompete Agreements

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On August 20, 2024, U.S. District Judge Ada Brown in Texas issued a final order in the pending case, Ryan v. FTC, holding that the Federal Trade Commission (FTC) exceeded its authority in issuing a ban on noncompete clauses....more

Akerman LLP - HR Defense

Will Section 10(j) Injunction Petitions By the NLRB Melt Away or Just Cool Down Since SCOTUS Served Starbucks a Win This Summer?

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The National Labor Relations Board (NLRB or Board) has been using a caffeinated approach to challenge employers in unfair labor practice disputes, with Section 10(j) injunction petitions at the top of the menu, often...more

Baker Donelson

Is It Really About Employee Voices? The National Labor Relations Board Continues its Union-Friendly Trend

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The National Labor Relations Board (the Board) is the federal agency tasked with administering the National Labor Relations Act (the NLRA). Chief among its responsibilities is governing the union recognition process in the...more

Littler

Illinois Makes Move to Ban Employer-Sponsored Meetings

Littler on

For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing...more

Bradley Arant Boult Cummings LLP

TIPS at the Coffee Shop: A Caffeinated Reminder About What Not to Do During Union Campaigns

Bradley Arant Boult Cummings LLP on

The National Labor Relations Board issued yet another Starbucks decision this past week. Again, the Board upheld an administrative law judge’s opinion that Starbucks violated the National Labor Relations Act during a union’s...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

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On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more

Foley Hoag LLP - Cannabis and the Law

Some Cannabis Employees Are Voting Out Their Union

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Some cannabis workers in recent months have grown weary of their unions and have voted the unions out – or, in labor terms, “decertified” them. This has happened in two different Cresco Labs facilities. The first occurred at...more

Whiteford

Employment Law Update: How Will the NCAA’s Settlement With College Athletes Impact Their Employment Status?

Whiteford on

On May 23, 2024, the NCAA and the Power 5 conferences announced a $2.8 billion settlement that was reached in several antitrust class action lawsuits concerning payment for college athletes. The settlement marked a watershed...more

Ballard Spahr LLP

Supreme Court Heightens Relief Standard For NLRB To Obtain 10(j) Injunctions

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A unanimous decision from the United States Supreme Court, issued on June 13, 2024, settles the split among the circuit courts concerning the factors to be considered by a court in considering a request by the National Labor...more

McDermott Will & Emery

Labor Law Update: Union Certification Without Winning the Employee Vote

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As reported throughout the trade press, alcohol beverage companies are facing escalating pressure from unions and the National Labor Relations Board (or NLRB, the federal agency that enforces labor laws against both unionized...more

CDF Labor Law LLP

First Court Decision Following Cemex Scraps Election Outcome that Defeated Union and Orders Employer to Bargain With Union

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On May 14, 2024, the United States District Court of Massachusetts granted the National Labor Relations Board’s first petition for injunctive relief under the new framework announced last year in Cemex Construction Materials...more

Seyfarth Shaw LLP

When Lawful Proposals Become Unlawful Bargaining Conduct: The Board Holds An Employer’s Adherence to Lawful Proposals Nonetheless...

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Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful...more

Sheppard Mullin Richter & Hampton LLP

Federal Judge’s Decision Deals Serious Blow to NLRB’s Joint Employer Rule and Continued Efforts to Expand Who Constitutes an...

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On March 8, 2024, a federal judge in the United States District Court for the Eastern District of Texas dealt a serious blow to the National Labor Relations Board’s (the “Board”) efforts to further increase the reach of the...more

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