On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down regulations promulgated by the National Labor Relations Board (the “NLRB” or “Board”) defining joint employment (the “new Rule” or “2023...more
3/11/2024
/ Controlling Employer ,
Corporate Counsel ,
Employer Liability Issues ,
Federal Labor Laws ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions ,
Vacated
On August 25, 2023, the National Labor Relations Board (“NLRB” or “Board”) released its highly anticipated decision in Cemex Construction Materials Pacific (“Cemex”), NLRB Case No. 28-CA-230115. Cemex involved allegations...more
On June 23, 2022, National Labor Relations Board General Counsel Jennifer Abruzzo released Memorandum GC 22-06, relating to her efforts “to secure full remedies” in settlements with the Board. This follows on her prior...more
On June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. These semi-annual regulatory agendas outline federal agency goals for the months ahead. Although the...more
6/23/2022
/ Biden Administration ,
Corporate Counsel ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Federal Labor Laws ,
Labor Reform ,
Labor Relations ,
NLRB ,
OSHA ,
Regulatory Agenda ,
Unions ,
Wage and Hour ,
White-Collar Exemptions
On April 29, 2022, organized labor achieved a long-sought political objective when the Connecticut House of Representatives passed Senate Bill 163, “An Act Protecting Employee Freedom of Speech and Conscience.” Effective July...more
5/4/2022
/ Collective Bargaining ,
Connecticut ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
First Amendment ,
Labor Reform ,
Labor Relations ,
Pending Legislation ,
State Labor Laws ,
Union Elections ,
Union Organizers ,
Unions
National Labor Relations Board (“NLRB” or “the Board”) General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled...more
4/13/2022
/ Biden Administration ,
Collective Bargaining ,
Employee Rights ,
Employer Rights ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Statement ,
Regulatory Agenda ,
Union Elections ,
Unions
On April 7, 2022, General Counsel (GC) Jennifer A. Abruzzo released Memorandum 22-04, The Right to Refrain from Captive Audience and other Mandatory Meetings. As set forth in the memorandum, GC Abruzzo will urge the National...more
4/8/2022
/ Employee Rights ,
Employer Liability Issues ,
Free Speech ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Regulatory Agenda ,
Regulatory Standards ,
Section 7 ,
Unions
On Monday, February 7, 2022, the White House Task Force on Worker Organizing and Empowerment (Task Force) released its long-awaited Report detailing nearly 70 recommendations for revising our nation’s labor laws and...more
With supporters of the Protecting the Right to Organize (PRO) Act unable to advance the legislation under the regular rules of the Senate, they are now attempting to move pieces of the legislation by way of special rules...more
9/9/2021
/ Budget Reconciliation ,
Federal Budget ,
Labor Reform ,
Legislative Agendas ,
NLRA ,
NLRB ,
Penalties ,
Regulatory Agenda ,
Unfair Labor Practices ,
Union Organizers ,
Unions
Introduction Over a year and a half since the pandemic first started to take its toll on the health and welfare of individuals and the economy, the country is still reeling and struggling to recover. Some employers and...more
9/7/2021
/ Department of Labor (DOL) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Regulations ,
Labor Relations ,
NLRB ,
OSHA ,
Supply Chain ,
Telecommuting ,
Unions ,
Vaccinations
In September 2020, then-candidate Joe Biden promised organized labor that, if elected, he would be the “strongest labor president you’ve ever had.” In his first 100 days in office, now President Biden has acted quickly and...more
5/4/2021
/ Biden Administration ,
Collective Bargaining ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Federal Contractors ,
Infrastructure ,
Labor Reform ,
Labor Regulations ,
LGBTQ ,
Minimum Wage ,
NLRA ,
Tip Credit ,
Tipped Employees ,
Unions ,
Wage and Hour
President Biden continues to make good on his campaign promise to be the most labor-friendly president ever. On April 26, 2021, he issued an executive order that seeks to increase union organization and strengthen the hand...more
On March 31, 2021, President Biden unveiled his $2 trillion infrastructure plan, the American Jobs Plan (AJP), which comes on the heels of the enactment of last month’s $1.9 trillion COVID-recovery legislation, the American...more
When President Biden took the unprecedented step of firing National Labor Relations Board (NLRB) General Counsel Peter Robb shortly after taking the oath of office on January 20, observers noted that it was a significant...more
On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2021 (PRO Act) by a largely party-line vote of 225-206. One Democratic Representative voted against the bill; five...more
3/11/2021
/ Arbitration Agreements ,
Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
NLRA ,
Proposed Legislation ,
Unions ,
Wage and Hour
On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act. Introduction was expected, as President Biden pledged to be “the strongest labor president you have ever had” during...more
2/10/2021
/ ABC Test ,
Biden Administration ,
Collective Bargaining ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
NLRA ,
NLRB ,
Regulatory Agenda ,
Right to Work ,
Unfair Labor Practices ,
Union Organizers ,
Unions
On Tuesday, November 10, 2020, the Los Angeles County Board of Supervisors approved a program allowing third-party organizations in the food, apparel manufacturing, warehousing and storage, and restaurant sectors to create...more
During a pandemic, protests, and a polarized election season, employers have walked an ever-increasingly fine line between protecting employee speech in the workplace and enforcing rules on workplace conduct....more
7/23/2020
/ Anti-Discrimination Policies ,
Burden-Shifting ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Title VII ,
Unions
On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA). The final rule is scheduled to be published in the...more
2/27/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
On December 28, 2018, a divided Court of Appeals for the District of Columbia Circuit upheld portions of an Obama-era standard for determining “joint employer” status under the National Labor Relations Act (NLRA), ultimately...more
1/2/2019
/ Appeals ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Wage and Hour
While some races remain undecided, it is clear at this point that Democrats will control the U.S. House of Representatives in the next Congress. ...more
11/7/2018
/ Class Action Arbitration Waivers ,
Corporate Counsel ,
Employee Rights ,
Joint Employers ,
Labor Regulations ,
Legislative Agendas ,
Minimum Wage ,
Over-Time ,
Paid Time Off (PTO) ,
Regulatory Oversight ,
Sexual Harassment ,
Sick Leave ,
U.S. House ,
Unions ,
Wages ,
White-Collar Exemptions
The National Labor Relations Board (the NLRB or Board) has issued a proposed rule revising the test for whether two employers are considered “joint employers” under the National Labor Relations Act (NLRA). ...more
9/14/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Public Comment ,
Regulatory Reform ,
Right to Control ,
Staffing Agencies ,
Unions ,
Wage and Hour
The National Labor Relations Board's new General Counsel, Peter Robb, has wasted no time in taking steps to chart a new direction for the Board. Two weeks after being sworn in as General Counsel, Robb has issued Memorandum...more
12/5/2017
/ Administrative Appointments ,
Corporate Counsel ,
Employee Handbooks ,
Joint Employers ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Purple Communications ,
Regulatory Standards ,
Unfair Labor Practices ,
Unions
With the holidays in full swing, state legislators across the country are enjoying a bit of a lull. December traditionally marks the calm before the storm, as most legislatures are out of session and will reconvene in...more
12/4/2017
/ Gender Discrimination ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Intellectual Property Protection ,
Legislative Agendas ,
Local Ordinance ,
Non-Compete Agreements ,
Paid Leave ,
Paid Time Off (PTO) ,
Proposed Legislation ,
Right to Work ,
Salary/Wage History ,
Sick Leave ,
Trade Secrets ,
Unions ,
Wage and Hour ,
Work Schedules
The baseball pennant races are about to kick off, but not all the action is on the field. Roughly a dozen state legislatures were in session during September, and they considered more than 50 labor and employment bills....more
10/3/2017
/ Criminal Background Checks ,
Discrimination ,
Employee Privacy Rights ,
Employee Rights ,
Harassment ,
Hiring & Firing ,
Joint Employers ,
New Legislation ,
Paid Time Off (PTO) ,
Pay Equity Laws ,
Pending Legislation ,
Right to Work ,
Salary/Wage History ,
Sexual Orientation Discrimination ,
Union Organizers ,
Unions ,
Wage and Hour ,
Wage Theft ,
Work Schedules