News & Analysis as of September 20, 2024

National Labor Relations Board › Proposed Regulation

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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 -

NLRB Rolling Back More Rules from the Trump Administration

Ballard Spahr LLP on 8/26/2024

In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

Walking the Tightrope to Enforce a Non-Compete in 2024

Spilman Thomas & Battle, PLLC on 4/24/2024

Non-competition agreements are not doing so hot. Recently, more states have outlawed or tightened restrictions on them, and the federal government has stepped into the fray in policing them. For example, the Federal Trade...more

Employment Flash - November 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 11/16/2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

OFCCP Week In Review: October 2023 #3

DirectEmployers Association on 10/17/2023

Sunday, October 1, 2023: OFCCP Discrimination Enforcement Statistics Hit New Lows - As federal Fiscal Year 2024 began on October 1, Fiscal Year 2023 ended on a down note for OFCCP as its enforcement statistics went even...more

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on 10/11/2023

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Workplace Law Update: 10 Essential Items on Your September To-Do List

Fisher Phillips on 9/5/2023

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Do Non-Compete Agreements Violate the NLRA?

Woods Rogers on 6/16/2023

On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum stating her position that non-compete agreements violate the National Labor Relations Act (NLRA) and encouraging the...more

The NLRB Strikes Again, this Time It’s Noncompete Agreements

Stradling Yocca Carlson & Rauth on 6/7/2023

On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (the “NLRB”), issued a memo arguing that requiring employees to sign non-competition agreements violates the National Labor Relations...more

NLRB's General Counsel Declares That Non-Compete Agreements Should Be Unenforceable

Steptoe & Johnson PLLC on 6/5/2023

On May 30, Jennifer A. Abruzzo, general counsel for the National Labor Relations Board (NLRB), issued new directives regarding the enforceability of non-compete agreements. Abruzzo’s memorandum contends generally that...more

Noncompetes Violate Federal Labor Law, Says National Labor Relations Board's General Counsel

Parker Poe Adams & Bernstein LLP on 6/2/2023

In the wake of the Federal Trade Commission’s recent proposal to void noncompetition agreements between employers and employees, another federal agency has joined the push to restrict the use of restrictive covenants in...more

New NLRB General Counsel Guidance Threatens Ability to Enforce Non-Compete Agreements

Keating Muething & Klekamp PLL on 5/31/2023

Employers seeking to enforce non-compete agreements against their former employees will face a new hurdle following the latest news out of Washington, DC. National Labor Relations Board (“NLRB”) General Counsel Jennifer A....more

Labor Law Today—2022 Year in Review

Perkins Coie on 2/15/2023

2022 Proposed Rules and Legislation - Joint Employer Status: Proposed Rulemaking - On September 6, 2022, the Board released a Notice of Proposed Rulemaking to establish a new “joint employer” legal standard under the...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

NLRB Proposes to Broaden Joint Employment Standard

Miles & Stockbridge P.C. on 9/8/2022

On September 6, 2022, the National Labor Relations Board (“NLRB” or “Board”) issued a much anticipated proposed rule that would broaden the circumstances under which two companies may be held responsible for labor law...more

Beltway Buzz - August 2021 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/30/2021

Democrats Begin Process of Enacting Administration’s Domestic Goals. It took some good old-fashioned politicking, but earlier this week the U.S. House of Representatives approved a $3.5 trillion budget resolution that...more

Beltway Buzz - July 2021 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/26/2021

Senate Committee Examines PRO Act. On July 22, 2021, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing entitled “The Right to Organize: Empowering American Workers in a 21st Century...more

NLRB Issues Proposed Rule to Scale Back 2014 Expedited Election Rules

Epstein Becker & Green on 12/16/2019

The National Labor Relations Board (“Board” or “NLRB”) has announced that it is publishing proposed changes to its Rules and Regulations that will begin to reverse the Board’s 2014 changes, which took effect in 2015, to its...more

NLRB Proposes Regulation to Prevent Students From Organizing

Troutman Pepper on 9/20/2019

As we discussed in an earlier client alert, the National Labor Relations Board announced in May that it would be issuing proposed rules that would establish a “standard for determining whether students who perform services at...more

Proposed NLRB Rule-Making Aimed at Unions and Decertification Elections

Benesch on 8/14/2019

The National Labor Relations Board (“NLRB”) announced last week that it was proposing a series of rule changes. The first and most important focuses on updating its “blocking charge” policy, as well as revising the rules...more

NLRB Rolls Out First Installment Of Proposed Regs On Election Policies

Constangy, Brooks, Smith & Prophete, LLP on 8/13/2019

On Friday, the National Labor Relations Board issued notice of the first stage of newly proposed representation case regulations, which were published this morning in the Federal Register. The Republican Board majority...more

Labor Department’s Proposed Four-Factor Rule Would Limit Joint Employment

Fisher Phillips on 4/2/2019

The U.S. Department of Labor just became the latest federal agency to propose a rule to limit the scope of joint employment liability, this time for wage and hour matters. If the rule released earlier yesterday is adopted in...more

NLRB Extends Deadline For Comment On Joint Employer Proposal

Constangy, Brooks, Smith & Prophete, LLP on 11/7/2018

On October 30, the National Labor Relations Board extended the period for public comment on its proposed rule concerning joint employment. The new deadline is December 13, and comments on the comments will be received through...more

Answers to Frequently Asked Questions on the NLRB’s New Joint Employment NPRM

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/20/2018

On September 14, 2018, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) in the Federal Register addressing how it will determine whether an employer is a joint employer of another...more

NLRB Proposes Rule To Relax Joint Employer Standard

Miller Canfield on 9/18/2018

The National Labor Relations Board (NLRB) has issued a proposed new rule designed to overturn the broad standard for finding joint employer status previously announced in Browning Ferris Industries of Cal., 362 NLRB No. 186...more

NLRB Issues Proposed Rulemaking on the Joint Employer Standard

Sheppard Mullin Richter & Hampton LLP on 9/14/2018

The National Labor Relations Board has made good on its recent promise to move forward with rulemaking to re-establish the decades-old joint employer standard in place prior to the Board’s 2015 decision in Browning-Ferris...more

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National Labor Relations Board › Proposed Regulation

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