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CDF Labor Law LLP

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

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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

Ballard Spahr LLP

Texas Court Strikes Down NLRB Joint Employer Rule

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On March 8, 2024, a Texas federal district court vacated the National Labor Relations Board (“NLRB” or “the Board”) 2023 joint employer rule (“2023 Rule), and restored the 2020 joint employer rule (“2020 Rule”)....more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 4, December 2023

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 - On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more

CDF Labor Law LLP

NCAA Proposes Classifying Certain NCAA Student Athletes as Employees

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The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National...more

Seyfarth Shaw LLP

EEOC Releases Draft Enforcement Guidance on Workplace Harassment and Invites Comment

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Seyfarth Synopsis: On October 2, 2023, the Equal Employment Opportunity Commission (“EEOC”) published notice of its “PROPOSED Enforcement Guidance on Harassment in the Workplace” (“draft enforcement guidance”) in the Federal...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

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The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Quarles & Brady LLP

NLRB Takes Aim at Employers that Classify Workers as Independent Contractors

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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

DarrowEverett LLP

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

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So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Seyfarth Shaw LLP

Policy Matters Newsletter - June 2023

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Aaaaaand we're back! As we did around the same time last year, we would like the thank the readers for y’all’s patience during our summer hiatus to allow our authors to take a short break to get some Vitamin D and replenish....more

Littler

Long-Awaited Fall Regulatory Agenda Provides Glimpse of Administration’s Regulatory Goals

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On January 4, 2023, the Biden administration released its long-awaited Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions.  Typically, these semi-annual agendas are issued in the spring and fall and outline...more

Littler

Potential Rescission of NLRB’s 2020 Election Protection Rule

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On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more

Frantz Ward LLP

NLRB Proposes to Roll Back Its 2020 Rule Regarding Removal of a Union

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In March of 2020, the National Labor Relations Board (“NLRB” or “the Board”) finalized a rule that substantially overhauled certain parts of NLRB election procedures thereby providing additional protections to the rights of...more

Nelson Mullins Riley & Scarborough LLP

NLRB Proposes to Expand Joint-Employer Liability Standard

The National Labor Relations Board (NLRB) is currently seeking public comment on its proposed rule change that would expand the scope of joint-employer liability under the National Labor Relations Act (NLRA). If implemented,...more

Franczek P.C.

NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?

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On September 6, the National Labor Relations Board (the Board) issued a proposed rule to revise the current standard to determine whether employers are “joint employers” under the National Labor Relations Act (NLRA). The...more

Burr & Forman

National Labor Relations Board’s Notice of Proposed Rulemaking – Potential Change in the Standard for Determining “Joint-Employer”...

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Joint-Employer Doctrine under the National Labor Relations Act - Under the joint-employer doctrine, an individual may be considered an employee of an entity that is not the individual’s formal employer. If a company is a...more

Littler

NLRB Proposes New Joint-Employer Standard That Would Dramatically Expand Scope of “Joint Employment” Under the National Labor...

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On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National...more

Littler

Spring Regulatory Agenda Provides Roadmap to Anticipated Federal Rulemaking

Littler on

On June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions.  These semi-annual regulatory agendas outline federal agency goals for the months ahead. Although the...more

Proskauer - Labor Relations Update

General Counsel Abruzzo Looks to Overturn Board Precedent Again: This Time, Seeking to Broaden Union Access to Public Spaces

In an Advice Memorandum released on May 25, 2022, NLRB General Counsel Jennifer Abruzzo laid out a blueprint for changes she’d like made to Board precedent concerning union representatives’ access to employer property. At...more

Stinson LLP

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

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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

Bodman

NLRB General Counsel Seeks to Facilitate Organizing

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The National Labor Relations Board’s current General Counsel, Jennifer Abbruzzo, is currently taking aggressive positions designed to help unions be more successful in organizing. The General Counsel is the agency’s top...more

FordHarrison

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

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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

Franczek P.C.

NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful

Franczek P.C. on

For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National...more

FordHarrison

NLRB's Top Prosecutor Seeks to Muzzle Employers by Banning Employee Meetings

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Executive Summary: In an April 7, 2022 memo from the NLRB, General Counsel Jennifer Abruzzo (“Abruzzo”) announced her intent to challenge employers’ long-standing practice of holding informational meetings regarding union...more

Littler

NLRB General Counsel Aggressively Seeks to Expand Unions’ Right to Demand Recognition; Restrict Employer Speech

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National Labor Relations Board (“NLRB” or “the Board”) General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled...more

CDF Labor Law LLP

Labor Attempts to Further Restrict Employers During Rising Union Campaigns

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Earlier this week, National Labor Relations Board (“NLRB”) General Counsel, Jennifer Abruzzo released a memo urging Biden’s pro-union Board to declare that employers can no longer hold “captive audience” meetings.  “Captive...more

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