A recent National Labor Relations Board (NLRB) decision has ended the practice of administrative law judge (ALJ) approval of consent orders to resolve unfair labor practice (ULP) charges. This is yet another development from...more
The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more
3/28/2024
/ Administrative Law Judge (ALJ) ,
Ambush Election Rules ,
Basketball ,
Board Members ,
Chevron Deference ,
Employee Definition ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Staffing Agencies ,
Student Athletes ,
Union Elections ,
Unions
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided...more
10/10/2023
/ Boeing ,
Compliance ,
Compliance Dates ,
Contract Terms ,
Coronavirus/COVID-19 ,
Employee Handbooks ,
Employee Misconduct ,
Employment Contract ,
Employment Policies ,
Independent Contractors ,
Multi-Factor Test ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Nurses ,
Pensions ,
Protected Concerted Activity ,
Section 7
On August 24, 2023, the National Labor Relations Board (NLRB) announced a new final rule for union elections that revives the prior “ambush election” rules. The new rule compresses the time period between the time a...more
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2023 issue of the Practical NLRB Advisor. In this edition of the Advisor, we take a deeper dive into the...more
6/14/2023
/ Artificial Intelligence ,
Collective Bargaining ,
Consumer Financial Protection Bureau (CFPB) ,
Employment Contract ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Regulatory Reform ,
Section 7 ,
Severance Agreements ,
Unfair or Deceptive Trade Practices ,
Unions
In yet another effort to speed up the processing of cases, the National Labor Relations Board (NLRB) general counsel on May 22, 2023, issued a memorandum instructing Regional Offices to speed up compliance with Board-ordered...more
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions...more
3/17/2023
/ Confidentiality Agreements ,
Contract Terms ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Preemption ,
Property Damage ,
Release Agreements ,
SCOTUS ,
Separation Agreement ,
Severance Agreements ,
Strike ,
Termination
In the last issue of the Ogletree Deakins Practical NLRB Advisor, we utilized this space to remark that the current general counsel’s (GC) multifaceted and radical agenda posed genuine institutional issues for the National...more
12/27/2022
/ Collective Bargaining ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Joint Employers ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unions
Fulfilling a top priority for National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo’s activist agenda, on December 13, 2022, the Board issued a decision that expands, arguably beyond statutory limits, the...more
In a decision dated September 30, 2022, the National Labor Relations Board ruled that employers must continue to collect voluntarily authorized union dues from the paychecks of employees after the expiration of the...more
10/11/2022
/ Bethlehem Steel ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Negotiations ,
Dues Checkoff ,
Labor Relations ,
NLRA ,
NLRB ,
Statutory Requirements ,
Union Dues ,
Unions
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Summer 2022 issue of the Practical NLRB Advisor. In this issue, the Advisor takes a small departure from our usual...more
Another wild swing of the pendulum?
Since the National Labor Relations Board (NLRB) was not created until after his passing, Ben Franklin can be forgiven for mistakenly observing that the only certain things in life are...more
In late July, Jennifer A. Abruzzo was confirmed as the new general counsel (GC) of the National Labor Relations Board (NLRB). The vote was 51-50 and required Vice President Kamala Harris to cast the tie-breaking vote....more
On the eve of his election, President Joe Biden promised to “be the most pro-union president you’ve ever seen.” True to his word, his administration has thus far granted organized labor’s every ask. Only 23 minutes into his...more
7/15/2021
/ Arbitration ,
Biden Administration ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employment Contract ,
Labor Reform ,
Legislative Agendas ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Presidential Nominations ,
Unions ,
Wage and Hour
At noon, eastern standard time, on January 20, 2021, Joseph R. Biden Jr. became the 46th president of the United States, giving Democrats control of the executive branch, and, albeit by the thinnest of margins (with Vice...more
President Joe Biden began his election campaign in a union hall in Pittsburgh and pledged on the eve of the election to be “the most pro-union president you’ve even seen.” As immediate evidence of his intent to make good on...more
This issue covers one particularly important aspect of the evolving political situation: the Protecting the Right to Organize (PRO) Act and its ramifications for employers. Earlier this year, the U.S. House of Representatives...more
Parts of the country have begun the process of returning to work, in places where COVID-19 infection rates have flattened or shown a decline. But the risk of becoming infected with COVID-19 remains, and some employers may be...more
5/28/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
NLRA ,
NLRB ,
OSHA ,
Paid Leave ,
Paid Time Off (PTO) ,
Protected Activity ,
Return-to-Work Agreements ,
Right to Strike ,
Section 7 ,
Strike ,
Workplace Safety ,
World Health Organization
Over the course of the past few weeks, we have all asked and attempted to answer many questions about workplace law and the COVID-19 response, including questions arising under the new Coronavirus Aid, Relief, and Economic...more
On April 1, 2020, the National Labor Relations Board announced it will not extend its temporary suspension of Board-conducted elections past April 3, 2020. Instead, it will resume conducting elections beginning on Monday,...more
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the winter 2020 issue of the Practical NLRB Advisor. This special double issue offers readers a thorough year in review of...more
3/11/2020
/ Arbitration ,
Arbitration Agreements ,
Boeing ,
Collective Bargaining ,
Employer Liability Issues ,
Epic Systems Corp v Lewis ,
Independent Contractors ,
Joint Employers ,
NLRA ,
NLRB ,
Property Owners ,
Protected Concerted Activity ,
Rulemaking Process ,
Union Elections ,
Unions
One of the more significant reforms made by the National Labor Relations Board (NLRB) under the leadership of President Barack Obama’s appointees were the modifications made to the representation-case procedures. These...more
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more
9/18/2019
/ Administrative Procedure Act ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Auer Deference ,
Bargaining Units ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Negotiations ,
Contract Terms ,
Employment Policies ,
First Amendment ,
Judicial Estoppel ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the spring 2019 issue of the Practical NLRB Advisor. This edition provides a close look at the development of the...more
6/19/2019
/ Delivery Drivers ,
Drivers ,
Entrepreneurs ,
Franchises ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
NLRA ,
NLRB ,
Proposed Legislation ,
Rulemaking Process ,
Teamsters ,
Unions
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2018 issue of the Practical NLRB Advisor. This issue examines the Supreme Court’s decision in Epic Systems Corp....more
10/16/2018
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
SCOTUS ,
Section 7 ,
Unions