Employment Law This Week®: NJ’s Equal Pay Act, FLSA Opt-Ins, “Ambush Election” Rule, Guidance on New Tax Credit
Employment Law This Week®: Delivery Driver Ruled Independent Contractor, Parental Leave Proposal, Federal Contractor Audits, Ambush Election Rules
As we near the end of the Biden Administration’s first term, the NLRB has continued to be very active in issuing decisions that align with the Administration’s philosophy. These decisions are wide-ranging and include...more
The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more
This holiday season, the National Labor Relations Board (NLRB or the “Board”) has bestowed a gift on organized labor. On December 26, 2023, significant, labor-friendly changes made by the NLRB for processing representation...more
On Aug. 25, the National Labor Relations Board (NLRB) published a Final Rule that will reduce the time between the filing of a union election petition and the date the election occurs....more
Uh-oh: Government Shutdown Chances Increase. The Buzz continues to monitor the potential for a federal government shutdown. Last week, we noted a positive development: leadership in both the U.S. Senate and U.S. House of...more
On August 25, 2023, the National Labor Relations Board (NLRB) adopted a new standard for union representation that requires an employer to recognize and bargain with a union that has demonstrated majority status unless the...more
For the third time in a decade the National Labor Relations Board (“NLRB” or “Board”) has again changed the procedural rules that affect the processing of union election petitions and the length of time between the filing of...more
As we previously wrote, five Trump-era changes to the union election process were contested in a lawsuit brought by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). In a January 2023...more
On August 24, 2023, the National Labor Relations Board (NLRB) announced a new final rule for union elections that revives the prior “ambush election” rules. The new rule compresses the time period between the time a...more
Peter Fischer and Christian White, two attorneys in BakerHostetler’s Labor and Employment Group, discuss the Protecting the Right to Organize Act, commonly referred to as the “PRO Act,” and discuss how the most transformative...more
At noon, eastern standard time, on January 20, 2021, Joseph R. Biden Jr. became the 46th president of the United States, giving Democrats control of the executive branch, and, albeit by the thinnest of margins (with Vice...more
While the final results are not yet certified, it appears that we have a new president. Employers across the country, both union and non-union, are wondering what they can expect from a Joe Biden presidency when it comes to...more
On December 18, 2019, the National Labor Relations Board (Board or NLRB) published a final rule, which was originally set to become effective on April 16, 2020, and which modified the so-called 2014 “ambush election” rules. ...more
Back in December 2019, HRLegalist blogged about the National Labor Relations Board’s (“NLRB”) new union election rules. This set of rules was a sweeping series of reforms that sought to slow down the union elections process,...more
Seyfarth Synopsis: It should be clear to all that the NLRB has taken significant steps to restore the law to a footing that more closely resembles the landscape that existed prior to the Obama Board. ...more
On February 6, 2020, the House of Representatives passed H.R. 2474, The Protecting the Right to Organize Act of 2019 (PRO Act). The PRO Act would fundamentally alter federal labor law by dramatically tilting the playing field...more
On December 18, 2019, the National Labor Relations Board (NLRB) published final rules that will take effect April 16, 2020, changing and clarifying many of the procedures established in the 2014 amendments to the...more
December 2019 brought significant changes to the National Labor Relations Board (NLRB) case law and election procedures. The following highlights a few of those changes as we get into the new year and policy reviews get...more
During 2019, the current National Labor Relations Board (the Board) majority became more active, beginning to overrule decisions handed down during the Obama administration and restoring decades of precedent. In addition...more
The National Labor Relations Board (NLRB), led by members appointed by President Barack Obama and with a pro-labor agenda, implemented many procedural changes during the last decade. One of the more significant and...more
At the end of 2019, the National Labor Relations Board (NLRB) issued its long-anticipated final rule somewhat restructuring its controversial 2014 election rules overhaul (rules sometimes referred to as the "quickie" or...more
In December, the National Labor Relations Board (NLRB) issued a flurry of employer-friendly decisions. Management can toast the following end-of-year gifts and look forward to continuing success at the Board in the new year....more
In 2014, the National Labor Relations Board adopted regulations that considerably shortened the time period between certification of a petition for union recognition and the election on this question. In addition, the rules...more
On December 13, 2019, the National Labor Relations Board (“NLRB” or the “Board”) issued a proposed rule that will modify the procedures governing NLRB elections. The proposed rule will extend deadlines and add procedural...more
If you follow our blog, you know that the National Labor Relations Board’s election rules have been a hot topic over the past several years. The Board’s election rules are critical, because time can often make a difference...more