News & Analysis as of

Section 7

Spilman Thomas & Battle, PLLC

The Pendulum Swings – Changes at the NLRB Under the Trump Administration

The installation of a new Administration with a fundamentally different philosophical identity once again foreshadows fundamental changes in the relationship between private sector employees and employers governed by the...more

Conn Maciel Carey LLP

Key NLRB Changes Under the New Administration: What Employers Need to Know

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Last month, during our webinar, we predicted significant regulatory shifts under the new presidential administration. Now, just a little over 30 days in, we are witnessing these changes unfold – especially at the National...more

Frantz Ward LLP

Acting NLRB General Counsel Rescinds Biden Board General Counsel Memoranda

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Although he was appointed Acting General Counsel (AGC) of the National Labor Relations Board (NLRB) less than two weeks ago, William B. Cowen has wasted no time in advancing the Trump administration’s pro-employer and...more

Proskauer - Labor Relations Update

Prosecutorial Reset:  NLRB Acting General Counsel Rescinds Biden Guidance Memoranda En Masse

Not waiting for the appointment of a new General Counsel after President Trump’s discharge of both the previous General Counsel and then Acting General and suggesting that his motivation related to the workload of the Agency,...more

Payne & Fears

The NLRB Rescinds Certain General Counsel Memoranda

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On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (NLRB) issued Memorandum GC 25-05, rescinding certain memoranda issued by the former General Counsel. Former General Counsel Jennifer A....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Acting General Counsel Rescinds Non-compete Labor Policy

In a significant development for employers that use restrictive covenant agreements, on February 14, 2025, National Labor Relations Board (NLRB) Acting General Counsel (GC) William B. Cowen rescinded prior NLRB GC memoranda,...more

FordHarrison

EntertainHR: NLRB Love Is Blind Complaint May Radically Alter Reality Television

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As reality television enthusiasts prepare for the Season 8 premiere of Netflix’s Love is Blind this Valentine’s Day, the show’s producers are navigating a recent National Labor Relations Board complaint that could lead to...more

BakerHostetler

What a Year in Labor: Top 10 Labor Cases and Developments You Should Know from 2024

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In 2024, labor law continued to generally favor employees under the Biden National Labor Relations Board (the Board). Notable developments included establishment of an employee right to wear clothes espousing political speech...more

Axinn, Veltrop & Harkrider LLP

The Fate of the “Last Gasp” of the Biden FTC: Will Its Legacy Survive the Trump Administration?

In the days leading up to President Trump’s inauguration, the Biden FTC rushed to initiate major lawsuits and to tie a bow on various antitrust policy efforts. In a series of dissenting statements, the minority Republican...more

A&O Shearman

Eastern District Of Virginia Overrules Objections To Proposed Divestiture Of Doorskin Manufacturing Plant

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On December 13, 2024, Judge Robert E. Payne of the Eastern District of Virginia, in a long-running private action that had previously found a consummated merger to be unlawful, overruled defendant’s objections to the required...more

Husch Blackwell LLP

Unions Call Time Out on College Athletes, but Campus Organizing Plays On

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The Dartmouth Men’s Basketball team, represented by the Service Employees International Union (SEIU) Local 560, requested to withdraw its petition to unionize on December 31, 2024. The petition, approved by the National Labor...more

Venable LLP

Prepare for Pro-Employer Shift in Labor Law under the Trump Administration

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Decisions and policies under the National Labor Relations Board ("NLRB" or "Board") have become increasingly politicized the last few decades resulting in significant swings between pro-employer and pro-union/employee...more

BakerHostetler

Perception Versus Reality: Fifth Circuit Backs Board’s Unfair Labor Practice Finding on Termination Based on ‘Perceived’ Section 7...

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The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more

Conn Maciel Carey LLP

Light at the End of the Tunnel: Five NLRB Changes Employers Can Anticipate in 2025 and Beyond!

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I have come to know and believe the adage that: the only thing constant is change. In less than 30 days, we will bid farewell to 2024. As we usher in 2025 with great expectations, we know that change is on the horizon. And in...more

Cohen & Gresser LLP

Battle Over ESG Investment Standards Intensifies

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Eleven attorneys general sue asset managers, alleging ESG investment standards raise coal prices and violate antitrust laws - The ideological battle over the role of Environmental, Social and Governance (ESG) investment...more

Bricker Graydon LLP

Changes to Captive Audience Meetings

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The National Labor Relations Board (NLRB) recently issued a decision ruling that employers violate the National Labor Relations Act (NLRA) when they require employees to attend captive audience meetings. ...more

Saul Ewing LLP

NLRB Forbids Captive-Audience Meetings

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On Wednesday, November 13, 2024, the National Labor Relations Board (NLRB) ruled that an employer may no longer require employees to attend meetings in which the employer expresses its views on unionization. The 3-1 decision...more

A&O Shearman

Antitrust in focus - November 2024

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New U.S. merger control filing forms to take effect in February 2025 - Following publication in the Federal Register, the new Hart-Scott-Rodino (HSR) premerger notification forms will become effective on February 10, 2025....more

Miles & Stockbridge P.C.

NLRB Bans Captive Audience Meetings

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The National Labor Relations Board held last week that captive audience meetings violate Section 8 of the National Labor Relations Act. A captive audience meeting occurs when an employer requires employees to attend...more

Hinshaw & Culbertson - Employment Law...

Taking a Deeper Look at the Implications of the NLRB Declaring Captive-Audience Meetings Unlawful

On November 13, 2024, the National Labor Relations Board (NLRB) issued a decision in Amazon.com Services LLC, holding that "captive-audience meetings" are unlawful under the National Labor Relations Act (NLRA). This decision...more

Whiteford

Employment Law Update: NLRB Bans Captive-Audience Meetings: A Sea Change for U.S. Employers

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On November 13, 2024, in a landmark decision, the National Labor Relations Board (NLRB) ruled that “captive audience” meetings — where an employer requires workers to attend a meeting in which the employer expresses its...more

Bond Schoeneck & King PLLC

The National Labor Relations Board Rejects 75 Years of Precedent and Bans Captive Audience Meetings

Once again, the National Labor Relations Board (the Board) has upended long-established precedent. On Nov. 13, 2024, the Board issued its decision in Amazon.com Service, LLC, banning so-called “captive audience meetings”...more

Holland & Knight LLP

DOJ, States Move to Prevent Merger of Home Health Giants UnitedHealth Group and Amedisys

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In the latest effort to prevent vertical consolidation in the healthcare industry, the U.S. Department of Justice (DOJ) – along with the states of Maryland, Illinois, New Jersey and New York – filed a lawsuit on Nov. 12...more

Steptoe & Johnson PLLC

National Labor Relations Board Says No More Mandatory Captive-Audience Meetings

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On November 13, the National Labor Relations Board (the Board) held that so-called captive-audience meetings — meetings where employers require employee attendance and argue against unionization — violate the National Labor...more

Faegre Drinker Biddle & Reath LLP

NLRB Rules Captive-Audience Meetings Unlawful

The Board’s Decision - On Wednesday, November 13, 2024, in Amazon.com Services LLC (Amazon), the National Labor Relations Board declared that an employer violates the National Labor Relations Act when the employer...more

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