On February 1, 2022 National Labor Relations Board General Counsel Jennifer Abruzzo announced an initiative to seek injunctions under Section 10(j) of the National Labor Relations Act in cases “where workers have been subject...more
On September 15, 2021, the National Labor Relations Board (NLRB)’s General Counsel instructed regional offices to take a more aggressive stance in settlement negotiations in unfair labor practice cases, seeking broader...more
On April 21, 2021, the National Labor Relations Board (“Board” or “NLRB”) voted to keep in place its long standing rule limiting when workers can try to remove an existing union from the workplace or bring in another – the...more
Ballard Spahr attorneys Meredith Dante and Steve Suflas summarize developments at the National Labor Relations Board (NLRB) put in place by the Biden Administration. Meredith and Steve discuss the challenges Non-union and...more
Summary -
Within his first week on the job, the newly appointed Acting General Counsel of the National Labor Relations Board, Peter Sung Ohr, rescinded 10 General Counsel Memoranda issued by his predecessor that provided...more
On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more
12/27/2019
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Arbitration Agreements ,
Babcock & Wilcox Construction ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Disciplinary Proceedings ,
Employment Contract ,
Filing Grievances ,
Grievance Process ,
Hiring & Firing ,
Labor Law Violations ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions ,
UPS ,
Wrongful Termination
On the same day as the departure of the lone Democratic Board member, the National Labor Relations Board (NLRB) this week continued its trend of issuing employer-friendly decisions that reverse Obama-era Board precedent. In...more
12/20/2019
/ Caesars ,
Confidential Information ,
Confidentiality Policies ,
Email ,
Email Policies ,
Employer Rights ,
Employment Policies ,
Federal Labor Laws ,
Labor Regulations ,
NLRA ,
NLRB ,
Rulemaking Process ,
Section 7 ,
Union Organizers ,
Unions ,
Workplace Investigations
The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more
11/20/2019
/ ABC Test ,
Appeals ,
Back Taxes ,
Corporate Counsel ,
Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Tax ,
Enforcement Actions ,
Freelance Workers ,
Gig Economy ,
Income Taxes ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
NYDOL ,
On-Demand Services ,
Over-Time ,
Popular ,
State and Local Government ,
Summary Judgment ,
Tax Penalties ,
Uber ,
Wage and Hour
The Supreme Court held last year in Epic Systems v. Lewis that mandatory arbitration agreements requiring employees to arbitrate claims against their employer on an individual—rather than on a class or collective—basis are...more
8/25/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Epic Systems Corp v Lewis ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Minimum Wage ,
NLRA ,
NLRB ,
Unions ,
Wage and Hour
On August 12, 2019, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rule Making, which seeks to amend the NLRB’s current regulations regarding union election procedures. The proposed rules are the first...more
8/16/2019
/ Blocking Statutes ,
Collective Bargaining ,
Comment Period ,
Employee Rights ,
Employer Liability Issues ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Proposed Amendments ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
The National Labor Relations Board (NLRB or Board) issued a decision on June 14, reversing nearly 40 years of precedent and granting employers expanded rights to prohibit union activity by non-employees from occurring at the...more
The National Labor Relations Board (NLRB) last week announced its rulemaking priorities for the coming year in its Spring 2019 regulatory agenda. ...more
5/29/2019
/ Family and Medical Leave Act (FMLA) ,
Joint Employers ,
Labor Relations ,
NLRA ,
NLRB ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
Signaling another departure from decisions made during the era of former President Barack Obama, the National Labor Relations Board (NLRB) last week restored the ability of unionized employers to implement unilateral changes...more
The U.S. Supreme Court heard oral argument yesterday in three cases—NLRB v. Murphy Oil USA, Epic Systems Corp. v. Lewis, and Ernst & Young, et al. v. Morris—to resolve whether arbitration provisions in employment agreements...more
Notwithstanding the change in administrations, the National Labor Relations Board (NLRB) continues to be active in the non-unionized workplace, giving employers another reason to carefully review policies that affect workers,...more
The U.S. Supreme Court has affirmed a lower court's decision to vacate a National Labor Relations Board (NLRB) complaint issued by the Board's Acting General Counsel, who at the time was ineligible to serve based on the...more
President Trump's nomination of Judge Neil M. Gorsuch could shape the U.S. Supreme Court for years to come because of the judge's relatively young age (49) and because he could be part of a conservative majority on the Court,...more
2/3/2017
/ Administrative Boards ,
Chevron Deference ,
Confirmation Proceedings ,
Department of Labor (DOL) ,
Employment Discrimination ,
Joint Employers ,
Judicial Appointments ,
Justice Scalia ,
Neil Gorsuch ,
NLRA ,
NLRB ,
Nominations ,
Over-Time ,
Persuader Rules ,
SCOTUS ,
Trump Administration ,
Union Elections ,
White-Collar Exemptions
The U.S. Court of Appeals for the Ninth Circuit announced this week that it agrees with the National Labor Relations Board that individual arbitration waiver agreements, which prevent employees from filing or participating in...more
8/26/2016
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7
Conflicting decisions issued within one week of each other from the U.S. Courts of Appeals for the Seventh and Eighth Circuits exemplify the ongoing debate in circuit courts across the country about the enforceability of...more
6/9/2016
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
D.R. Horton v NLRB ,
Federal Arbitration Act ,
NLRA ,
NLRB ,
Popular ,
Pre-Employment Agreements ,
Section 7
In a closely watched decision, the National Labor Relations Board (the Board) ruled today that workers must be permitted to use their employers’ e-mail systems for union organizing activity and all other communications about...more
The U.S. Supreme Court ruled yesterday that President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB) were invalid. Justice Stephen Breyer delivered the opinion of the Court in N.L.R.B. v. Noel...more
The United Auto Workers suffered a devastating defeat at the polls at Volkswagen AG’s Chattanooga, Tennessee, plant on Valentine's Day, losing a National Labor Relations Board-conducted election by a vote of 712 to 626. The...more
On December 3, 2013, the U.S. Court of Appeals for the Fifth Circuit rejected the National Labor Relations Board’s (NLRB) ruling that an employer violates the National Labor Relations Act (NLRA) by requiring employees to...more
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