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Texas Court Strikes Down NLRB Joint Employer Rule

On March 8, 2024, a Texas federal district court vacated the National Labor Relations Board (“NLRB” or “the Board”) 2023 joint employer rule (“2023 Rule), and restored the 2020 joint employer rule (“2020 Rule”)....more

The NLRB Delays Effective Date of New Joint Employer Test after Challenge By Business Groups

On November 9, 2023, a coalition of business advocacy groups led by the US Chamber of Commerce filed a lawsuit in the US District Court for the Eastern District of Texas challenging the National Labor Relations Board (“NLRB”)...more

NLRB Seeks Enforcement Of Ruling On Separation Agreements

The focus remains on the National Labor Relations Board’s (Board or NLRB) ruling in February that asking employees to sign separation agreements with confidentiality and non-disparagement clauses is unlawful. Most recently,...more

NLRB General Counsel Issues Guidance Regarding Restrictions on Severance Agreements

Last month, the National Labor Relations Board (NLRB) ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA or Act) when the employer offers employee severance agreements with provisions...more

NLRB Establishes New Restrictions on Severance Agreements

The National Labor Relations Board (NLRB) has ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act when the employer uses employee severance agreements with provisions restricting employees’...more

FTC and NLRB Announce New Coordination Efforts

The Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) recently announced a Memorandum of Understanding (MOU) resolving to enhance the enforcement of federal laws and regulations administered by...more

NLRB General Counsel Opines that ‘Captive Audience’ and Other Mandatory Meetings Violate Federal Labor Law

On April 7, 2022, in a move that could dramatically alter long-established employer tactics in union organizing campaigns, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum announcing...more

Department of Labor and National Labor Relations Board Announce Plan to Partner for Investigations and Information Sharing

The U.S. Department of Labor, Wage and Hour Division (DOL-WHD) and National Labor Relations Board (NLRB) announced plans to collaborate “to enhance and maximize the enforcement of the federal laws administered between the two...more

The Infrastructure Bill Passed, but What About the Social Spending Bill?

On Monday, November 15, after Congress passed a $1 trillion infrastructure bill, President Biden signed it into law. This law will pour billions into roads and bridges, transit, broadband services, airports, waterways and...more

NLRB Outlines Employers’ Duty to Bargain Over Implementation of OSHA ETS

On November 10, 2021, the National Labor Relations Board (NLRB or Board) issued a Memorandum outlining employers’ duty to bargain with unions over the implementation of the Occupational Safety and Health Administration (OSHA)...more

Lawmakers Reintroduce the PRO Act to Promote Union Organizing

On February 4, 2021, the Senate Committee on Health, Education, Labor and Pensions (HELP) reintroduced federal legislation designed to significantly expand the rights of workers to unionize and enhance protections to...more

NLRB on Handbook Rules: Do’s and Don’ts

Summary - The National Labor Relations Board recently reversed decisions that found rules in an employer’s handbook violated the National Labor Relations Act. The Board also determined parts of the employer’s handbook did...more

Tackling the Duty to Bargain With a Union in Emergency Situations

General Counsel Memorandum 20-04, released on March 27, 2020, provides guidance on an employer’s duty to bargain under the National Labor Relations Act (Act) in emergency situations, where there is otherwise an absence of...more

Union Dues Deductions Not Required After Contract Expiration

Continuing its shift toward more employer-friendly workplace decisions, the National Labor Relations Board (Board or NLRB) in Valley Hospital Medical Center held that employers may cease deducting union dues from employees’...more

New NLRB General Counsel Signals Major Shift Away From Obama-Era Board Policies

The National Labor Relations Board (NLRB) Office of the General Counsel (GC) has signaled in a sweeping memorandum that the agency, under the Trump administration, is likely to reconsider and reverse many of its...more

SCOTUS Nominee Gorsuch's Judicial Conservatism May Benefit Employers

President Trump's nomination of Judge Neil M. Gorsuch could shape the U.S. Supreme Court for years to come because of the judge's relatively young age (49) and because he could be part of a conservative majority on the Court,...more

Expect Pro-Business, Pro-Employer Changes Under Trump Administration

When Donald Trump won the presidential election in November, management-side labor and employment lawyers everywhere scrambled to figure out what the changing administration would mean for our nation's employers and our...more

NLRB Continues to Take Aim at Workplace Policies as Overly Broad

The National Labor Relations Board (NLRB) has kept its focus on workplace policies it views as overly broad with a recent decision striking down a national retailer's policy prohibiting solicitation and distribution of...more

Recent NRLB Decision Continues To Erode Confidentiality Protection for Workplace Investigations

The National Labor Relations Board (NLRB) recently overruled its longstanding precedent that categorically protected confidential witness statements taken during internal disciplinary investigations from disclosure to a...more

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