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D.C. Circuit Decision Clouds Joint Employer Battle

At the end of December, the U.S. Court of Appeals for the District of Columbia Circuit upheld a 2015 National Labor Relations Board (NLRB) decision that established a broad test for determining whether two entities could be...more

NLRB Adopts New Test for Evaluating Workplace Policies

On the eve of former Chairman Philip Miscimarra's departure from the National Labor Relations Board (NLRB), the Board Thursday created a new test for determining the lawfulness of workplace policies, overturning the test...more

NLRB Rolls Back "Browning-Ferris" Joint Employer Test

The National Labor Relations Board (NLRB) yesterday overruled Browning-Ferris Industries of California, Inc., an Obama-era decision that expanded the doctrine of joint employment under the National Labor Relations Act (NLRA)....more

New NLRB General Counsel Signals Major Shift Away From Obama-Era Board Policies

The National Labor Relations Board (NLRB) Office of the General Counsel (GC) has signaled in a sweeping memorandum that the agency, under the Trump administration, is likely to reconsider and reverse many of its...more

NLRB: Student Assistants Now Employees Entitled to Unionize

The National Labor Relations Board has ruled in a 3-1 decision that graduate students at private, nonprofit higher education institutions "who perform services at a university in connection with their studies are statutory...more

NLRB Reverses Precedent on Permanent Replacements for Striking Workers

The National Labor Relations Board (NLRB) issued a decision last week upholding the right of employers to hire permanent replacements for striking employees unless the decision to replace workers is based on an “independent...more

NLRB to Review Graduate Assistants’ Petition for Representation

The National Labor Relations Board (Board) has voted 3-1 to reconsider whether graduate assistants at private, nonprofit higher education institutions are entitled to collective bargaining rights under the National Labor...more

NLRB Adopts New Joint Employer Standard

The National Labor Relations Board (NLRB) handed organized labor a major victory that in certain contexts will likely give unions significantly increased leverage at the bargaining table in a landmark ruling issued on...more

Northwestern University Football Players Can’t Form Union, NLRB Says and Refuses to Determine if They Are “Employees”

Northwestern University football players cannot form a union, the National Labor Relations Board (NLRB or Board) decided today. The NLRB based its ruling on its duty to maintain stability in labor relations and notably...more

NLRB Issues Significant Decision on Faculty Unionization

The National Labor Relations Board (Board) recently ruled that it would assert jurisdiction over Pacific Lutheran University's (PLU’s) full-time contingent faculty members. In the context of a union's attempt to organize...more

D.C. Circuit Vacates NLRB Poster Rule

The U.S. Court of Appeals for the District of Columbia Circuit has vacated a controversial rule issued by the National Labor Relations Board (NLRB) that would have required most private sector employers covered by the...more

Eighth Circuit Upholds Employment Agreement Waiving Collective Action Rights

The U.S. Court of Appeals for the Eighth Circuit has joined the clear majority of federal district courts in concluding that employment arbitration agreements may bar class and collective actions, in spite of the National...more

NLRB Expands Employers’ Duty To Respond to Union Requests for ‘Presumptively Relevant’ Information

A National Labor Relations Board panel recently found that an employer has a good-faith duty under the National Labor Relations Act to respond in a reasonably timely manner to a union request for “presumptively relevant”...more

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