News & Analysis as of

Unions NPRM

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

Beltway Buzz - May 2024 #2

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Hinshaw & Culbertson - Employment Law...

OSHA Announces Proposed Rule Change Expanding Authorized Employee Representation During Workplace Inspection to Include Union...

On August 30, 2023, the U.S. Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking (NPRM) to amend its regulations regarding who employees may authorize to act as their representative...more

DirectEmployers Association

OFCCP Week In Review: August 2023

Tuesday, August 1, 2023: JOLTS Report – Job Openings Decreased by 34k in June, Rate Steady at 5.8% Official logo for the U.S. Bureau of Labor Statistics (BLS)The number of job openings in June was 9,582,000 – a small...more

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

OSHA Signals Rulemaking to Broaden Scope of Who Is Permitted to Accompany Compliance Officers During Worksite Inspections

In February 2013, during the early months of the second term of the Obama administration, a standard interpretation related to Occupational Safety and Health Act regulations at 29 C.F.R. § 1903.8(c) that later became known as...more

Williams Mullen

Tales from the NLRB: General Counsel to Treat Most Non-Compete Agreements as Unfair Labor Practices

Williams Mullen on

On May 30, 2023, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (Board), issued a guidance memo (the “Memo”) stating that non-compete agreements or similar restrictive covenants in settlement...more

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

NLRB Proposes Rescission of Recently Issued Rules on Elections

On November 4, 2022, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) seeking to rescind the “election protection” rule published on April 1, 2020, and to restore the prior protocols,...more

Littler

Potential Rescission of NLRB’s 2020 Election Protection Rule

Littler on

On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more

Jackson Lewis P.C.

Labor Board Proposes Return to Pre-Trump Board Election Procedures

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) has proposed rescinding portions of its 2020 union representation procedures on blocking charges, voluntary recognition bar, and construction industry collective bargaining...more

Sherman & Howard L.L.C.

The NLRB’s New Joint Employer Rule: Moving the Goalposts, Providing No Guideposts

Earlier this month, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking (NPRM), that would move the goalposts for what is considered a joint employer under the National Labor Relations Act...more

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

NLRB Proposes Rewidening of Joint-Employer Standard

​​​​​​​On September 6, 2022, the National Labor Relations Board (NLRB) unveiled a draft notice of proposed rulemaking (NPRM) to replace its current rule, which clearly defines when two separate entities can be deemed joint...more

Miles & Stockbridge P.C.

NLRB Proposes to Broaden Joint Employment Standard

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

Holland & Knight LLP

FRA Again Proposes Crew Size Regulation, Complicating Rail Union Negotiations

Holland & Knight LLP on

The Federal Railroad Administration (FRA), the federal agency that regulates rail safety, introduced a Notice of Proposed Rulemaking (NPRM) on July 28, 2022, that addresses the number of employees required to operate a train,...more

Jackson Lewis P.C.

Top Five Labor Law Developments for June 2022

Jackson Lewis P.C. on

1. The National Labor Relations Board modified its electronic notice posting requirements for workplaces impacted by COVID-19. Paragon Systems, Inc., 371 NLRB No. 104 (June 2, 2022)....more

Jackson Lewis P.C.

Top Five Labor Law Developments for March 2022

Jackson Lewis P.C. on

1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...more

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

Beltway Buzz - November 2021 #2

Infrastructure Bill Passes - Now What? Both the U.S. Senate and U.S. House of Representatives are out this week. But before they left for home, on November 5, 2021, the House of Representatives passed the Infrastructure...more

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

Beltway Buzz - May 2021 #4

EEOC Releases Vaccine Guidance. On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued much-needed guidance regarding COVID-19 vaccinations and the workplace. According to the guidance...more

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

Beltway Buzz - May 2021 #3

The Biden Administration at 100 Days. President Joe Biden recently marked his 100th day in office, and labor and employment policy changes have been at the forefront of his administration’s agenda. The enactment of the...more

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

Beltway Buzz - October 2020 #5

Election 2020: Patience Required. Voting in the 2020 elections wraps up in just four days, on November 3, 2020. However, due to many tight races and the unprecedented volume of mail-in ballots (and states’ differing rules on...more

Littler

NLRB Proposed Rule Signals a Return to the Excelsior Requirement and the Advent of Absentee Ballots for Military Personnel

Littler on

In another effort to amend the 2014 final rule on “quickie elections,” on July 29, 2020, the National Labor Relations Board published a notice of proposed rulemaking (NPRM) in the Federal Register that, if implemented, would...more

Sheppard Mullin Richter & Hampton LLP

Board Announces Intent to Issue New Rules Eliminating Disclosure of Certain Personal Information and Requiring Absentee Ballots...

On July 28, 2020, the NLRB issued a Notice of Proposed Rulemaking (NPRM) calling for public comments as to two important changes to its regulations governing representation elections. The first change would modify the...more

Jackson Lewis P.C.

At It Again: NLRB Proposes More Changes To Its Election Rules, Policies

Jackson Lewis P.C. on

Continuing its reshaping of its election rules, policies, and procedures, the National Labor Relations Board (NLRB) has proposed two new amendments to the policies and procedures governing its elections. The changes will be...more

U.S. Equal Employment Opportunity Commission...

EEOC Proposes Amendment to Clarify Official Time Rule for Federal Employees Acting as Labor Representatives

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today issued a Notice of Proposed Rulemaking (NPRM) to clarify official time provisions for federal employees who serve in an official capacity for a labor...more

Foley & Lardner LLP

Get Off My Lawn! Employers Gain Expanded Rights to Keep Unions Away from Their Property

Foley & Lardner LLP on

The National Labor Relations Board (NLRB or the “Board”) has been steadily increasing employers’ rights to restrict union access to their facilities. Now the Board appears poised to codify the new rules of engagement in...more

Hogan Lovells

Ruling Out Graduate Student Unions

Hogan Lovells on

On September 20, 2019 the National Labor Relations Board (“NLRB” or “Board”) proposed a rule which, if approved, would exclude graduate and undergraduate student workers, who perform services in connection with their studies,...more

Franczek P.C.

What You Need to Know About the NLRB’s Proposed Rule Blocking Student Organizing

Franczek P.C. on

The seemingly never-ending debate over private sector college- and university-student employment status continues. On Friday, September 20, the National Labor Relations Board (NLRB) announced its intent to propose a rule...more

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