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Administrative Procedure Act The National Labor Relations Act

Jackson Lewis P.C.

Judge Blocks New DOL H-2A Farmworker Visa Rule in 17 States

Jackson Lewis P.C. on

Seventeen states joined in a suit in June to block the Department of Labor (DOL) from enforcing its new rule providing more protections to farmworkers employed as H-2A temporary visa holders. Now, Judge Lisa Godbey Wood of...more

Morgan, Brown & Joy, LLP

U.S. Supreme Court Decision Eliminating Deference to Federal Agencies Expected to Create Challenges to Rules Impacting Employers

On June 28, 2024, by a 6-2 majority, the United States Supreme Court issued a landmark ruling in Loper Bright Enterprises, et al. v. Raimondo (“Loper Bright”) that is expected to fundamentally change the course of...more

Benesch

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated Before Taking Effect (Updated...

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Update: Since the alert below was issued on March 13, 2024, the National Labor Relations Board (the “Board”) appealed the lower court’s decision to the Fifth Circuit Court of Appeals. On July 19, 2024, the Board filed an...more

Proskauer - Labor Relations Update

BREAKING: NLRB Drops Attempt to Revive 2023 Joint-Employer Rule

On July 19, 2024, the National Labor Relations Board (NLRB) voluntarily dismissed a pending appeal before the United States Court of Appeals for the Fifth Circuit, which sought to reverse a decision by the Eastern District of...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Fisher Phillips

Labor Board Rules in Jeopardy in the Post-Chevron Era: What Employers Need to Know

Fisher Phillips on

The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific...more

Proskauer - Labor Relations Update

Not So Fast:  D.C. Circuit Resists Invitation to Reject NLRB Deference

On July 5, 2024, in Hospital de la Concepcion v. NLRB, the D.C. Circuit was the first federal appeals court to weigh in on deference afforded to the National Labor Relations Board (“NLRB”) in the wake of the landmark U.S....more

Stevens & Lee

How the Chevron Decision Limits NLRB Influence

Stevens & Lee on

In Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, the Supreme Court ended the Chevron Doctrine. While these cases did not directly involve the National Labor Relations Board (NLRB), they...more

Carlton Fields

Court Direction on FTC’s Noncompete Ban Expected This Summer

Carlton Fields on

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

Amundsen Davis LLC

NLRB’s 2023 “Joint Employment” Rule OVERTURNED by Federal District Court

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The National Labor Relations Board (NLRB) issued a controversial rule change to its longstanding “joint employer rule” in October of 2023, which dramatically lowered the thresholds by which a company could be deemed jointly...more

Foley & Lardner LLP

New NLRB Joint Employer Rule Stayed Until March 11, 2024

Foley & Lardner LLP on

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

Proskauer - Labor Relations Update

U.S. Chamber Strikes Back At NLRB Joint-Employer Rule

On November 9, 2023, the United States Chamber of Commerce (“Chamber”) and a coalition of business groups filed suit in the Eastern District Court of Texas against the National Labor Relations Board (“NLRB”), alleging the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - January 2023 #3

Union Membership Decreases. The percentage of workers who are union members dropped to 10.1 percent in 2022 from 10.3 percent in 2021, according to data released this week by the U.S. Bureau of Labor Statistics (BLS). In the...more

Benesch

Mixed Review: D.C. Circuit Nixes Some Trump-Era NLRB Election Changes, Saves Others

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On January 17, the U.S. Court of Appeals for the District of Columbia Circuit struck down certain Trump-era changes to the rules by which the National Labor Relations Board (NLRB) administers union elections. As...more

Proskauer - Labor Relations Update

Federal Appeals Court Partially Affirms Elimination of NLRB Rule, Hitting Fast-Forward Button on Representation Elections

A divided three-judge panel of the D.C. Circuit Court of Appeals partially affirmed a federal district court’s decision to vacate part of a rule issued by the National Labor Relations Board (the “Board”) in 2019 that...more

Cozen O'Connor

NLRB Proposes New Joint Employer Standard, Requiring Mere “Indirect” Control

Cozen O'Connor on

On September 6, 2022, the National Labor Relations Board (NLRB or Board) issued a Notice of Proposed Rulemaking (NPRM) that would significantly broaden the standard for determining whether two employers are joint employers...more

Proskauer - Labor Relations Update

Update: Federal Judge Amends Prior Order Concerning 2019 Election Rules, Affording Deference to the NLRB, but Appeal to D.C....

In late May, on the eve of the effective date of the NLRB’s sweeping changes to the election process, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia held that certain of the new rules were...more

Sheppard Mullin Richter & Hampton LLP

Judge Jackson Explains the Basis for Her Invalidation of the Board’s Election Regulations

As we previously discussed earlier this month, District Court Judge Ketanji Brown Jackson issued an Order in American Federation of Labor and Congress of Industrial Organizations v. National Labor Relations Board, Civil Case...more

Fisher Phillips

Federal Court Blocks Labor Board’s New Union Election Rules

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On the eve of their scheduled implementation date, a federal court judge in Washington, D.C. struck down significant portions of the National Labor Relation’s Board new union representation procedures – handing a significant...more

Proskauer - Labor Relations Update

Breaking: Federal Court Strikes Down New NLRB Rules on Representation Election Procedures; Implementation Delayed and Status of...

After an initial COVID-19 related delay, the sweeping new NLRB representation election rules that reversed the Obama-era “quickie” election process were about to go into effect on May 31, 2020.  However, an eleventh-hour...more

Jackson Lewis P.C.

District Court Hits “Pause” On New NLRB Election Rule

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The United States District Court for the District of Columbia has blocked several of the provisions of the National Labor Relations Board’s (NLRB) new election rule. Judge Ketanji Brown Jackson court held that those aspects...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor - Summer 2019

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more

Bond Schoeneck & King PLLC

NLRB’s “Quickie” Election Rule Upheld

Last month, the United States Court of Appeals for the Fifth Circuit affirmed the lower court’s decision upholding the National Labor Relations Board’s “quickie” election rule. As we previously reported, the final rule,...more

Proskauer - Labor Relations Update

In for the Long Haul as the Fifth Circuit Upholds NLRB’s “Quickie” Election Rule

Last April, the National Labor Relations Board (“Board”) implemented it’s new expedited union representation procedures. On June 10, 2016, in Associated Builders and Contrs. Of Tex v. NLRB, 15-cv-50487 2016 U.S. App. LEXIS...more

BakerHostetler

NLRB “Quickie Election Rule” Upheld by Fifth Circuit

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On June 11, 2016, the United States Court of Appeals for the Fifth Circuit upheld the National Labor Relations Board’s (the “NLRB’s” or the “Board’s”) regulations enacted last year, radically altering the traditional rules...more

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