News & Analysis as of September 19, 2024

Wage and Hour

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

Foster Swift Collins & Smith on 8/7/2024

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Federal Court Strikes Down NLRB’s New Joint Employer Rule, Leaving 2020 Rule in Place for Now

Faegre Drinker Biddle & Reath LLP on 3/20/2024

On March 8, 2024, a federal district court in Texas vacated the National Labor Relations Board’s 2023 joint employer rule. The 2023 rule, which was set to take effect on March 11, would have expanded the joint employer test...more

Federal Court Invalidates NLRB’s Joint Employer Standard

Hinckley Allen on 3/14/2024

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

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

Polsinelli on 3/12/2024

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

MLB and Players Union pursue exemptions from state wage-hour laws

Constangy, Brooks, Smith & Prophete, LLP on 2/27/2024

The players say, “No thanks.” Florida and California are seen as polar opposites when it comes to policy and lawmaking. However, there is at least one thing they seem to agree on – minor league baseball players should be...more

NLRB Regional Director Determines Dartmouth Basketball Players Are Employees

BCLP on 2/7/2024

In a much-anticipated decision issued on Monday, February 5, 2024, Region 01 of the National Labor Relations Board (the “NLRB”) decided that the players on the Dartmouth College men’s basketball team qualify as employees...more

House Votes to Overturn NLRB’s Joint Employer Rule

Brownstein Hyatt Farber Schreck on 1/19/2024

On Jan. 12, 2024, the House voted 206-177 in favor of a resolution providing for congressional disapproval of the National Labor Relations Board’s (NLRB) new joint employer rule. The final rule, published on Oct. 26, 2023,...more

Changes in Labor and Employment Laws from 2018 to 2023; Anticipated Trends for 2024

Jones & Keller, P.C. on 1/11/2024

Similar to the prior five years, 2023 brought unprecedented changes in labor and employment laws that have already gone into effect or are now in effect for 2024 in Colorado, across the country in other states, by National...more

NLRB Establishes New Joint Employer Rule

McCarter & English, LLP on 11/20/2023

The National Labor Relations Act (NLRA) governs private sector labor/management relations in the United States. Under the NLRA, employers have certain responsibilities and restrictions with regard to their employees,...more

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

Steptoe & Johnson PLLC on 10/31/2023

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

The NLRB’s Joint Employer Rule – Warning: Objects [of Liability] May Be Closer Than They Appear

Sherman & Howard L.L.C. on 10/31/2023

Adding to the list of employer-punishing labor changes this year, on October 26, 2023, the National Labor Relations Board (NLRB or Board) issued a final rule establishing a joint employer standard. The standard defines when a...more

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

Seyfarth Shaw LLP on 10/30/2023

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

Cemex Decision Examined: How the NLRB Dramatically Changed the Unionization Process

Stevens & Lee on 9/13/2023

On August 25, 2023, the National Labor Relations Board (NLRB) issued a historic and paradigm shifting decision . In short, the NLRB dramatically changed the process of how a union can be formed in the workplace. Instead of...more

The Attack on Employer Free Speech Continues to Grow --- More States Enact Laws to Muzzle Employers on Educating their Employees...

Amundsen Davis LLC on 9/8/2023

Entering 2023, the union membership rate dropped to a new historic low of 10.1%. Among private sector workers, the numbers were even more bleak for unions: just 6% of the overall private sector workforce is now unionized...more

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

DarrowEverett LLP on 1/9/2023

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

Top Five Labor Law Developments for November 2022

Jackson Lewis P.C. on 12/12/2022

President Joe Biden signed legislation imposing a collective bargaining agreement between freight carriers and railroad unions, avoiding a nationwide strike. Congress passed the bill utilizing its authority under the Railway...more

Employers Watch Warily as Case Filings at NLRB Soar

Fox Rothschild LLP on 10/18/2022

While commentators debate whether or not the economy is in a recession, one area where business is booming is at the National Labor Relations Board, which recently announced a significant increase in case filings for the...more

NLRB Revisits Union Dues Checkoff Rule

Sheppard Mullin Richter & Hampton LLP on 10/10/2022

The constant fluctuations in precedent at the National Labor Relations Board (“NLRB” or the “Board”) continue as the Board overrules another case decided under the Trump Administration. This time the NLRB has set its sights...more

Top Five Labor Law Developments for September 2022

Jackson Lewis P.C. on 10/10/2022

The National Labor Relations Board has proposed reversing the current joint-employer standard, which took effect on April 27, 2020. The new rule would revert to the Obama-era standard for determining joint-employer status...more

Reversal: NLRB Rules Dues Checkoff Provisions Survive CBA Expiration

Stevens & Lee on 10/6/2022

Takeaway: The National Labor Relations Board’s (NLRB) recent decision to overturn prior case law applies retroactively to all pending cases. Employers currently refusing to remit union dues because of the expiration of a...more

Top Five Labor Law Developments for August 2022

Jackson Lewis P.C. on 9/12/2022

1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher...more

Employers Beware: Egregious Behavior During Collective Bargaining Can Lead to Paying Attorney’s Fees to the Union

Amundsen Davis LLC on 8/17/2022

In a continuance of the labor-friendly trajectory of the National Labor Relations Board (NLRB) under the current administration, the 9th Circuit recently issued a decision upholding the right of the NLRB to award legal fees...more

NLRB Awards Bargaining Expenses to Union

Snell & Wilmer on 8/16/2022

By Gerard Morales In a recent case, the Court of Appeals for the 9th Circuit (Court) enforced an order of the National Labor Relations Board (NLRB or Board) requiring an employer to reimburse the union for the expenses that...more

Top Five Labor Law Developments for May 2022

Jackson Lewis P.C. on 6/16/2022

1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more

Sufficiently Distinct or Overwhelmingly Similar? – NLRB Welcomes Briefs on Appropriate Bargaining Unit Standard

Vinson & Elkins LLP on 4/21/2022

When unions seek to organize a group of employees, they often prefer to target a particular group or groups of employees in job classifications that they are confident will vote in favor of unionizing, as opposed to trying to...more

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