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Cemex Decision Cements Increase in Petitions for Union Elections

In April 2024, the National Labor Relations Board (NLRB or the “Board”) released statistics on union petitions and unfair labor practice charges for its 2024 fiscal year. The NLRB received 1,618 union petitions during the...more

NLRB’s New Rule Sings “Come Together, Right Now”

On October 26, 2023, the National Labor Relations Board (NLRB or the “Board”) issued its long-awaited final rule (the “New Rule”) addressing the standard for determining joint-employer status under the National Labor...more

NLRB Issues Final Rule on Joint-Employer Status

On October 26, 2023, the National Labor Relations Board (NLRB or “the Board”) issued its long-awaited final rule (“New Rule”) addressing the standard for determining joint-employer status under the National Labor Relations...more

Labor Board Sings an Aria against Independent Contractors

Last week, yet another decision by a governmental agency chipped away at an employer’s ability to legally classify workers as independent contractors. In Atlanta Opera, Inc. and Make-Up Artists and Hair Stylists Union, Local...more

NLRB Leaves Lumps of Coal In Employers’ Holiday Gift Bags

The National Labor Relations Board (NLRB or the “Board”) has issued a series of recent decisions that will give employers concern in 2023 and beyond. First, on December 13, 2022, the Board issued a decision that greatly...more

1/4/2023  /  Back Pay , Damages , NLRA , NLRB , Reinstatement

NLRB Unleashes New Damages Against Labor Law Violators

On Tuesday, December 13, 2022 to the National Labor Relations Board ("NLRB”) issued a decision that could have profound effect on employers in all industries, regardless if they have a union. In Thrryv, Inc., the NLRB ruled...more

Proposed Joint Employer Rule May Have Employers Tied in Knots

Earlier this month, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPR) designed to address the standards the NLRB will use in determining joint employer status under the National Labor...more

A New Wave of Unionization is Driving Change; Make Sure Your Organization Doesn’t Get Run Over

The national conversation around union organization – increasingly lively of late – has focused on “new” players, whether grassroots unions, college-educated employees in the service industry, or professionals in the...more

“What's Going On” With Unionization in America?

A great American songwriter and singer once wrote ”picket lines and picket signs, don't punish me with brutality, talk to me so you can see, what's going on...” –Marvin Gaye, 1971...more

4/12/2022  /  Amazon , NLRB , SEIU , Starbucks , Union Organizers , Unions

Biden Puts Thumbprint on NLRB and Begins to Unwind Trump Board Policies

Last week, recently appointed acting General Counsel of the National Labor Relations Board (NLRB) Peter Ohr withdrew 10 separate guidance memos that were issued by his predecessor Peter Robb (a 2017 Trump appointee). These...more

Board’s New Standard Paves Way for Employers to Address Potty-Mouthed Employees

What is an employer to do when an employee makes profane or offensive speech in the context of a union-management meeting? On July 21, 2020, the National Labor Relations Board issued a decision that supports a private...more

NLRB: Changing Winds Blow in Favor of Health Care Employers

The Trump administration’s mark is certainly evident at the National Labor Relations Board (NLRB) and health care employers are breathing a sigh of relief. The NLRB is a five member Board that decides cases governing most...more

NLRB Delivers Holiday Gift to Employers in the Form of New Standard for Workplace Civility Rules

As explained in this companion article, the National Labor Relations Board (NLRB) gave employers an early holiday gift with its reversal of the Obama-era joint employer test. But the Board had even more holiday cheer to...more

The Trump Board is All Aboard: EEOC Still at the Station

On September 25 the U.S. Senate confirmed the nomination of William Emanuel to the National Labor Relations Board (NLRB). This quickly followed the previous confirmation of Marvin Kaplan, thus bringing a full complement to...more

Employers Are Not Going to "Like" This NLRB Decision on Social Media

The National Labor Relations Board (“NLRB”) has issued yet another decision which should cause all employers, even those without unions, to think very carefully before disciplining any employee for their actions on social...more

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