On August 31, 2023, the NLRB released its decision in Miller Plastic Products, Inc. and Ronald Vincer, 372 NLRB No. 134 (“Miller”), in which the Board re-established a fact-sensitive totality of the evidence test to determine...more
On August 25, 2023, the National Labor Relations Board (NLRB) issued a decision that significantly narrows employers’ options in contesting union organizing efforts through secret ballot elections. The case, Cemex...more
On August 2, 2023, the NLRB issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023) which adopts a new legal standard for evaluating whether employer workplace policies violate the NLRA. The decision supplants a more...more
On February 21, 2023, the NLRB issued a decision significantly restricting employers’ use of non-disparagement and confidentiality provisions in its agreements with its non-supervisory employees. As a result of the decision,...more
On December 14, 2022, in a return to Obama-era precedent, the National Labor Relations Board (NLRB) toughened the standard an employer must meet to prevent a union from organizing a small group of employees within a larger...more
With its decision in Valley Hospital Medical Center, the NLRB reversed its Trump-era precedent and held that dues checkoff provisions in collective bargaining agreements survive the expiration of the contract. Accordingly,...more
On November 10, 2021, following the announcement of OSHA’s new vaccination-or-testing rule, the Office of the General Counsel of the National Labor Relations Board released a memorandum addressing employers’ obligation to...more
March 18, 2021 On March 12, 2021, the National Labor Relations Board withdrew its proposed rulemaking that would have prevented college student workers from organizing unions. As a result, the Board’s 2016 decision granting...more
Since the beginning of the COVID-19 pandemic, U.S. employers have struggled with how to address the unanticipated ramifications of the pandemic while at the same time meeting their obligations under federal labor law. ...more
8/20/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Hazard Pay ,
Layoffs ,
NLRB ,
Paid Leave ,
Retaliation ,
Sick Leave ,
Unfair Labor Practices ,
Unions ,
Wrongful Termination
In December 2019, the National Labor Relations Board announced revised procedures for union elections that would extend certain pre-election deadlines and require certain disputes be resolved ahead of an election... These...more
In December 2019, the National Labor Relations Board (NLRB) updated its procedures for union elections, with the new rules going into effect on April 16, 2020. These updated procedures include changes such as longer time...more
As concerns about the outbreak of coronavirus disease 2019 (COVID-19) continue to mount in the United States (and world-wide), resulting in school and business closures and other disruptions across the country, employers are...more
3/17/2020
/ Coronavirus/COVID-19 ,
Emergency Response ,
Employee Privacy Rights ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
Layoffs ,
Paid Time Off (PTO) ,
Reporting Requirements ,
Risk Management ,
Sick Leave ,
Telecommuting ,
Unions ,
Workplace Safety
In 2014, the Obama-era National Labor Relations Board made over two dozen changes to the union election rules that effectively shortened the time period between the filing of the petition and the election and limited the...more
On September 9, 2019, the National Labor Relations Board (“NLRB”) clarified its standard for reviewing the appropriateness of small bargaining units within larger workforces, sometimes referred to as “micro units.” The ruling...more
On July 11, 2016, the National Labor Relations Board in Miller & Anderson, in another pro-union decision, overruled its own precedent and ruled that unions do not need employer consent before organizing bargaining units that...more
On June 27, 2016, the U.S. District Court for the Northern District of Texas issued a nationwide preliminary injunction barring enforcement of the U.S. Department of Labor’s (“DOL”) new “persuader rule,” which as of July 1...more
On December 15, 2014, the National Labor Relations Board (“NLRB”) published a final rule regarding its handling of union representation petitions and the timing of elections. The new procedures, dubbed the “quickie election”...more
On January 27, 2014, the U.S. Supreme Court held in Sandifer v. United States Steel Corp. that the Fair Labor Standards Act did not require an employer to pay workers for time spent donning and doffing protective gear. The...more