Last week, the National Labor Relations Board (NLRB) withdrew its bid to save its new joint employer rule, which would have treated some entities as joint employers with their contractors or franchises, even when those...more
On October 19, 2023, Faegre Drinker Partner Ryan Funk gave remarks at the 28th Annual Bernard Gottfried Labor Law Symposium, which was sponsored by the National Labor Relations Board, the Wayne State Law School, and the State...more
11/2/2023
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Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Regulations ,
Labor Relations ,
NLRA ,
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Remedies ,
Thryv Inc v Click-To-Call Technologies LP ,
Unions
What does it mean if a union makes a “demand for recognition,” or “request for voluntary recognition” to an employer? What does a union mean when it says it has a “showing of interest” or “proof of majority support” or...more
On May 30, 2023, the General Counsel for the National Labor Relations Board (NLRB or the Board), Jennifer Abruzzo, issued guidance regarding the lawfulness of noncompete agreements and provisions. The General Counsel’s latest...more
On March 24, 2023, Gov. Gretchen Whitmer signed into law reconciled Senate Bill 34/House Bill HB4005, which officially repealed Michigan’s “right-to-work” law, which has been in effect since 2012.
The core issue that...more
On March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB or the Board), Jennifer Abruzzo, issued guidance about the Board’s McLaren Macomb decision from earlier this year. The guidance made clear...more
On November 10, 2021, the National Labor Relations Board’s (NLRB) General Counsel’s office released Memorandum OM 22-03 regarding bargaining obligations arising from the Occupational Safety and Health Administration’s (OSHA)...more
Employers who have watched the National Labor Relations Board — the nation’s primary enforcer of labor law — over the years anticipate that it will reshuffle its priorities soon after the White House changes parties. The...more
Last fall, the National Labor Relations Board (NLRB) moved away from the strict “clear and unmistakable” standard when determining whether unions and their members waived certain rights. Since issuing its MV Transportation,...more
On April 1, 2020, the National Labor Relations Board (NLRB) finalized its prior Notice of Proposed Rulemaking from August 12, 2019, enacting several significant changes to its union election procedures. Generally, these...more
Beginning May 31, 2020, the time from petition to union election is slated to double, creating new opportunities for employers. As mentioned in our December 2019 article, the National Labor Relations Board (NLRB), via...more
Update: On the evening of March 18, 2020, the President signed this bill into law.
Earlier this week we detailed Congress’ second sweeping legislative package in response to the COVID-19 epidemic. Since then, the House of...more
Early in the morning on Saturday, March 14, 2020, the U.S. House of Representatives passed Congress’ second sweeping legislative package in response to the COVID-19 epidemic, with a bipartisan 363-40 vote. The legislation,...more
The National Labor Relations Board (NLRB) likes to act in December, partly because that’s often when Board member terms end, and 2019 is no exception. Democrat Member Lauren McFerran’s term expired on December 16, leaving...more
What Is Different Now -
With a new decision called MV Transportation, Inc., the National Labor Relations Board (NLRB) has adopted a new standard for judging one of the most common and powerful types of allegations unions...more
If part of an employer’s property is open to the public (such as a cafeteria or restaurant), can external union organizers use it to try to organize that employer’s workforce? For decades the National Labor Relations Board...more
New legislation prohibiting municipalities in Illinois from passing local ordinances banning union security clauses was signed into law by Democratic Gov. J.B. Pritzker on April 12, 2019. The new law puts an end to an...more
On January 25, 2019, the National Labor Relations Board (NLRB) released a decision that changes the way the agency differentiates between employees and independent contractors. Employers can expect that the NLRB is more...more
One of the longest running sagas in labor law opened yet another chapter on December 28, 2018, when a panel of D.C. Circuit judges issued a decision that creates additional uncertainty regarding the National Labor Relations...more
Construction industry employers should keep an eye out for potential changes in how the National Labor Relations Board (NLRB) assesses unionization standards, as it soon may be harder for unions to establish indefinite...more
After a quiet start to the year, the National Labor Relations Board (NLRB) and its new chairman, John Ring, are now making strides to change the labor laws in favor of employers. One key development is its announcement that...more
The National Labor Relations Board (NLRB) has been deadlocked for a few months, but the confirmation of John Ring to the NLRB’s final vacancy may pave the way for an uptick in NLRB decisions. The appointment of Ring as NLRB...more
In a decision with particular importance for non-acute health care facilities but clear application for nearly any kind of employer, the NLRB changed its standard for evaluating which classifications of employees a union can...more
After the National Labor Relations Board (NLRB) changed its joint employer standard in August 2015, two likely avenues to repeal that change emerged: Congress and the courts. In September of that year, congressional...more
On November 8, 2017, Senators voted along party lines to confirm Peter B. Robb as the next general counsel of the National Labor Relations Board (NLRB).
Once sworn in to his four-year term, Robb will succeed former...more