News & Analysis as of

Unions National Labor Relations Board

Jackson Lewis P.C.

Union Election Petitions Up 27%; Labor Board Activity Highest in a Decade

Jackson Lewis P.C. on

The National Labor Relations Board witnessed a significant increase in union election petitions in fiscal year (FY) 2024 (Oct. 1, 2023 – Sept. 30, 2024). The Board received 3,286 union election petitions, a 27 percent rise...more

Jackson Lewis P.C.

Labor Board New Fair Choice Rule Loophole for Construction Unions: What Employers Should Know

Jackson Lewis P.C. on

The National Labor Relations Board’s Fair Choice-Employee Voice Final Rule, codified at 29 C.F.R. 103.20-21, became effective on Sept. 30, 2024. The Biden Board’s final rule rescinded portions of a Trump-era 2020 rule...more

Proskauer - Labor Relations Update

On The Rise: Union Representation Petitions Increase by 27% Over the Last Year

On October 14, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a press release confirming the continued increase in union organizing efforts...more

Baker Donelson

Should Employees Stay or Should They Go: The NLRB and FTC Crack Down on Restrictive Covenants

Baker Donelson on

Many employers were encouraged when a federal court in Texas last month blocked the enforcement of a Federal Trade Commission (FTC) prohibition against essentially all non-compete employment agreements in Ryan, LLC v. FTC....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

Husch Blackwell LLP

The Labor Law Insider - Whistleblower Breaks Details of NLRB Mail Ballot Election Abuse – Part II

Husch Blackwell LLP on

In Part II of this exclusive Labor Law Insider podcast, former National Labor Relations Board Assistant Regional Director Rebecca Dormon continues to share her story of becoming a whistleblower against the federal agency she...more

Sheppard Mullin Richter & Hampton LLP

Mandatory Captive Audience Meetings Are Banned in California in 2025

On September 30, 2024, Governor Gavin Newsom signed into law SB 399. Starting January 1, employers are officially banned from holding captive audience meetings—mandatory employer-sponsored meetings that discuss religious or...more

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

Beltway Buzz - October 2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

CDF Labor Law LLP

Captive Audience Meetings Now Banned By State Law in California 

CDF Labor Law LLP on

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

Venable LLP

NLRB's Final Rule Restores Union Toolkit for Keeping Bargaining Representative Status

Venable LLP on

The National Labor Relations Board (NLRB) has issued another union-friendly final rule. The Fair Choice-Employee Voice Final Rule (Final Rule), scheduled to become effective September 30, 2024, resurrects three procedural...more

Fisher Phillips

Get Ready for NLRB Rule Making It Harder to Decertify Unions: 5 Key Steps for Employers

Fisher Phillips on

A new labor regulation is set to take effect on September 30 that could make it harder for workers to undo union representation. In a long-anticipated move, the National Labor Relations Board (NLRB) ditched agency rules...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

Dorsey & Whitney LLP

What Are An Employer’s Rights Relating to Non-Employee Union Representatives On Their Premises?

Dorsey & Whitney LLP on

Although employers are welcome to support their employees’ ability to meet with their union representatives, they are not required to grant nonemployee union representatives access to their property to do so....more

Fox Rothschild LLP

Even if the White House Flips, Change May Come Slowly to the NLRB

Fox Rothschild LLP on

Most employers are aware that the President appoints the five members of the National Labor Relations Board with the advice and consent of the Senate and that, by law and tradition, a majority of the Board’s Members are from...more

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

Employment Law Landscape Could Change After Election

When presidential administrations change, it’s common to see significant shifts in policy via new regulations, executive orders, different interpretations of federal laws, and changes to enforcement priorities, budgeting, and...more

McAfee & Taft

NLRB changes course on consent orders … again

McAfee & Taft on

The National Labor Relations Board (NLRB) has long allowed employers and unions to resolve cases arising from unfair labor practice charges without a full adjudication on the merits. The most common way in which this is...more

Robinson & Cole LLP

Legal Update: NLRB General Counsel Tries to Reconcile FERPA and the NLRA

Robinson & Cole LLP on

As students in higher education flock toward unionization, private sector colleges and universities (educational institutions or institutions) are forced to reconcile the Family Educational Rights and Privacy Act’s (FERPA)...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

Genova Burns LLC

Sixth Circuit Declines to Defer to NLRB Decision Citing Loper Bright

Genova Burns LLC on

There has been much speculation about how much deference the courts will give to federal administrative agencies,’ including the NLRB’s, statutory interpretations in the wake of the Supreme Court’s June Loper Bright decision...more

Sheppard Mullin Richter & Hampton LLP

NLRB Will No Longer Approve Employer Proposed Consent Orders

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

Littler

NLRB General Counsel Suggests How Colleges and Universities Can Satisfy NLRA Disclosure Obligations Without Violating FERPA

Littler on

Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about...more

Ballard Spahr LLP

NLRB Rolling Back More Rules from the Trump Administration

Ballard Spahr LLP on

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

Sheppard Mullin Richter & Hampton LLP

California Assembly Committee Revives State’s Captive Audience Meeting Ban

On August 15, 2024, the Appropriations Committee of the California State Assembly passed SB 399 by a vote of 10–3. The bill had passed the Senate in 2023 and has been with the Assembly since, waiting for action and a vote....more

McGuireWoods LLP

NLRB Issues Guidance for Academic Institutions on Labor and Privacy Laws

McGuireWoods LLP on

Institutions of higher education have seen a rise in student unionization under the National Labor Relations Act (NLRA). As part of this process, educational institutions often are required to disclose student-related...more

Shutts & Bowen LLP

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

Shutts & Bowen LLP on

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

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