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US Supreme Court Invalidates NLRB Acting General Counsel Appointment

Employers should assess the impact of this decision in any NLRB case that was prosecuted by former acting General Counsel Lafe Solomon. On March 21, the US Supreme Court in a 6-2 decision in NLRB v. S.W. General, Inc....more

Recent Developments in the NLRB’s Joint and Single Employer Doctrines

Highlights of recent developments relevant to all employers. The National Labor Relations Board (NLRB or Board) is poised to return to a Republican majority, which likely will result in a change in labor law philosophy....more

NLRB Expands Temporary/Contingent Worker Organizing Rights

The Board’s recent decision in Miller & Anderson is another significant consequence of Browning-Ferris and allows unions to form a single bargaining unit of “user” and “supplier” employees much more easily than before....more

NLRB Vastly Expands Its Joint-Employer Standard

The Browning-Ferris decision overturns 30 years of precedent and opens up a wide variety of business relationships to allegations of joint-employer status, including staffing agencies, on-site contractors, outside suppliers,...more

NLRB Limits Confidentiality in Workplace Investigations

In two decisions issued on June 26, the National Labor Relations Board overruled its longstanding precedent holding that employers may withhold witness statements from requesting unions and further held that general policies...more

NLRB Reaffirms 2012 D. R. Horton Decision

The decision holds that arbitration agreements with class and collective action waivers violate the National Labor Relations Act. On October 28, the National Labor Relations Board (NLRB or the Board) held fast to its...more

U.S. Supreme Court Issues Historic Noel Canning Decision

The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and...more

D.C. Circuit Rules NLRB Recess Appointments Unconstitutional

The ruling places in substantial doubt the validity of any NLRB decision or action since January 4, 2012, and calls into question the scope of the president's recess appointment power more generally. On January 25, in...more

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