News & Analysis as of

Employer Liability Issues Labor Reform Collective Bargaining

Hinckley Allen

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on

Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable...more

Polsinelli

Federal Court Strikes Down NLRB’s Expansive “Joint Employment” Standard

Polsinelli on

On the eve of its going into effect, a federal court struck down the expansive joint-employment standard announced by the National Labor Relations Board (“NLRB” or “Board”) last fall. At issue is who may be considered a...more

Ius Laboris

Argentina’s new president issues emergency decree on labour matters

Ius Laboris on

In November 2023, the economist Javier Milei was elected as the new president of Argentina. He took office in December 2023. One of his first measures was to issue an emergency decree that included a chapter dealing with...more

Bodman

Unions Are Seeking to Organize in Non-Traditional Industries, Including Financial Services

Bodman on

Union organizing efforts are not limited to historical union strongholds such as manufacturing, construction, and the public sector. Even though unions currently represent only about 1.3% of the financial services industry,...more

Schwabe, Williamson & Wyatt PC

Employers May Be Required to Bargain Under New NLRB Joint Employment Rule

October 30, 2023 The rule takes effect December 26, 2023‎ Of Counsel On October 25, the National Labor Relations Board (NLRB) issued its Final Rule that dramatically expanded the definition of joint employment under the...more

Steptoe & Johnson PLLC

NLRB Issues Expansive New Rule Tying Joint Employer Status to the Authority to Control One or More Employment Terms

Steptoe & Johnson PLLC on

The National Labor Relations Board (NLRB or the Board) has issued a final rule on its new standard for finding that two entities are a joint employer. The rule focuses on whether the alleged joint employer has the authority...more

Foley Hoag LLP

NLRB Announces Broadened Standard for Determining Joint-Employer Status

Foley Hoag LLP on

On October 27, 2023, the National Labor Relations Board (NLRB) published a final rule that establishes a new standard for determining whether two or more employers, as defined by the National Labor Relations Act, may be...more

Seyfarth Shaw LLP

The NLRB Issues a New Joint Employer Rule Providing that Indirect and/or Reserved Control of Essential Employment Terms is...

Seyfarth Shaw LLP on

On October 26, 2023, the National Labor Relations Board published its newest Standard for Determining Joint Employer Status in the Federal Register, which becomes effective 60 days from publication. In many ways, the Rule...more

Sheppard Mullin Richter & Hampton LLP

Judge Issues First Post-Cemex Bargaining Order Despite Employer Winning Union Election

As we previously reported and discussed here, the Cemex Construction Materials Pacific, LLC ruling has dramatically changed the threshold that will prompt the National Labor Relation Board (“NLRB”) to issue mandatory...more

Littler

Connecticut Legislation Changes Overtime Rules for Nurses and Abrogates Collective Bargaining Rights of Private-Sector Hospitals

Littler on

Provisions included in a must-pass budget bill will make significant changes for Connecticut hospitals. These changes, which were embedded in the nearly 900-page Public Act 23-204 signed into law on June 12, 2023, revise...more

Littler

150 Questions & Answers: Decent Work Agenda

Littler on

Introduction This practical guide aggregates a total set of 150 questions and answers regarding the Law no. 13/2023, of April 3rd (called "2023 Reform”, with the Rectification Declaration no. 13/2023, of May 29th), which aims...more

Bodman

Michigan Repeals Right-to-Work Law

Bodman on

On March 24, 2023, Michigan repealed its right-to-work law for private-sector employees.  The right-to-work law made it unlawful for a union and an employer to agree that payment of union dues and fees are a condition of...more

Spilman Thomas & Battle, PLLC

Union Organizing is on the Rise: What Florida Employers Need to Know

In recent years, there has been a surge in new union organizing efforts and tactics to unionize and organize employers around the country. From Amazon workers in Jacksonville to Starbucks employees in 280 stores and counting,...more

Franczek P.C.

Labor & Employment Law Legislative Update: New Laws in Effect in 2023

Franczek P.C. on

Happy New Year! Several employment laws became effective January 1, 2023, and our team at Franczek P.C. has compiled them in its new Labor & Employment Law Legislative Update, focused on new laws in effect in 2023. The new...more

DarrowEverett LLP

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

PilieroMazza PLLC

Remedies for NLRA Violations Now Include Consequential Damages: Important Takeaways for Employers

PilieroMazza PLLC on

Last year, the National Labor Relations Board (NLRB), the agency tasked with enforcing employee rights to organize and discuss terms of employment, issued a number of decisions that impacted U.S. labor law. One decision...more

Polsinelli

“Outlook Not So Good” – An Employer’s Guide to the NLRB’s 2023 Agenda

Polsinelli on

“Should Employers have any hope for impartiality and good decisions from the National Labor Relations Board (“NLRB” or the “Board”) in 2023?”  Posed to the old Magic 8 Ball, the answer is “Don’t count on it.”...more

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

The Practical NLRB Advisor – Fall 2022

In the last issue of the Ogletree Deakins Practical NLRB Advisor, we utilized this space to remark that the current general counsel’s (GC) multifaceted and radical agenda posed genuine institutional issues for the National...more

Sheppard Mullin Richter & Hampton LLP

NLRB Confirms a Return to Union Gerrymandered Bargaining Units

As we previously predicted, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in American Steel Construction, Inc. (available...) and yet again overruled another case decided under the Trump...more

Littler

Ontario, Canada’s Superior Court Decides Bill 124 Violates s. 2(d) of Charter (Right to Freedom of Association) and Declares it...

Littler on

In Ontario English Catholic Teachers Assoc. v. His Majesty, 2022, ONSC 6658, Ontario’s Superior Court of Justice declared Bill 124, Protecting a Sustainable Public Sector for Future Generations Act (Act), to be void and of no...more

FordHarrison

As Union Support Increases, so Does the Need for Effective Labor Management and Training

FordHarrison on

Executive Summary: Recently, the National Labor Relations Board (“NLRB” or “the Board”) issued a press release detailing an increase in labor activity this year. Compared to this time last year, the Board has seen an...more

Proskauer - Labor Relations Update

General Counsel Abruzzo Looks to Overturn Board Precedent Again: This Time, Seeking to Broaden Union Access to Public Spaces

In an Advice Memorandum released on May 25, 2022, NLRB General Counsel Jennifer Abruzzo laid out a blueprint for changes she’d like made to Board precedent concerning union representatives’ access to employer property. At...more

Proskauer - Labor Relations Update

Appellate Court Reverses NLRB, Holding Tweet About “Salt Mines” Not an Unfair Labor Practice

Last week, the Third Circuit reversed a National Labor Relations Board (“NLRB”) decision finding that FDRLST Media, publisher of online news magazine The Federalist, unlawfully threatened its employees when its Executive...more

Kohrman Jackson & Krantz LLP

The Resurgence of Unions: Why Now?

Following years of declining unionization rates, the United States is experiencing a significant resurgence of labor unions throughout the country. Between October 2021 and March 2022, union representation petitions filed at...more

Stinson LLP

Are Captive-Audience Meetings and Secret-Ballot Elections About to Vanish?

Stinson LLP on

Uncertainty looms as NLRB General Counsel seeks to upend a combined 127 years of settled labor law to help unions organize workplaces Labor law has long been somewhat prone to uncertainty and inconsistency. - Each new...more

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