News & Analysis as of September 19, 2024

National Labor Relations Board › Taft-Hartley Act

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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 -

New York Challenges Captive Audience Meetings with Long-Rejected Principle

Benesch on 9/11/2023

On September 6, 2023, New York Governor Kathy Hochul signed legislation prohibiting employers from disciplining employees who choose not to attend captive audience meetings. Enactment of this legislation comes as no surprise,...more

NLRB and DOL Clamp Down on Anti-Union Activities, Expand Unfair Labor Practice Remedies, and Restrict Handbook Policies

Benesch on 8/4/2023

In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more

The PRO Act – A Wish List For Revival Of Unions

Husch Blackwell LLP on 4/2/2021

The Protecting the Right to Organize (PRO Act) (H.R. 842) is a sweeping effort to amend longstanding labor laws to facilitate union and employee organizing efforts. The union-friendly legislation would make the most...more

The Biden Era Of Labor Law Change – The Shift To Organized Labor

Constangy, Brooks, Smith & Prophete, LLP on 1/21/2021

Labor law, along with other employment-related policy matters, is at the forefront of the political, economic, and oftentimes cultural divide in the nation. With the change in Presidential administrations, some knowledgeable...more

Dealing with Employee Protests and Strikes due to COVID-19 Concerns

Cozen O'Connor on 4/9/2020

The COVID-19 outbreak has rendered many workplaces dormant, but frontline workers in the grocery, delivery, and medical fields are feeling the effects of the massive influx in demand for their services caused by the pandemic....more

NLRB Rules Independent Contractor Misclassification Does Not Violate NLRA

ArentFox Schiff on 9/4/2019

In a case of first impression, a divided panel of the National Labor Relations Board (NLRB or Board) ruled that the stand-alone misclassification of a worker as an independent contractor instead of an employee does not...more

Navigating NLRB: A New Era For Joint Employment?

Benesch on 9/19/2018

From joint employment concerns to questions about email use and employee handbooks, employers today face a host of modern labor law issues amid a continually changing political and legal landscape. In this Expert Analysis...more

Here We Go Again! DOL Proposes to Rescind the Permanently Enjoined “Persuader” Rule (and Perhaps Revise It)

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/29/2017

The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more

Nationwide Preliminary Injunction Bars Implementation of Department of Labor's "Persuader Rule"

BakerHostetler on 6/30/2016

On June 27, a federal court in Texas enjoined the United States Department of Labor (“DOL”) from implementing its new interpretation of the “Persuader Rule.” In a sweeping 86-page rebuff to the DOL, the court opined that the...more

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

Proskauer - Labor Relations Update on 6/16/2016

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

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National Labor Relations Board › Taft-Hartley Act

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