On January 27, 2025, President Donald Trump made sweeping and unprecedented changes to both the EEOC and NLRB, firing two of the three Democratic members of the EEOC, Commissioners Jocelyn Samuels and Charlotte Burrows, and...more
On November 8, 2024, the National Labor Relations Board (“NLRB” or the “Board”) released its decision in Siren Retail Corp., 373 NLRB No. 135, holding that employers may violate the National Labor Relations Act (“NLRA” or the...more
On August 31, 2023, the NLRB released its decision in Miller Plastic Products, Inc. and Ronald Vincer, 372 NLRB No. 134 (“Miller”), in which the Board re-established a fact-sensitive totality of the evidence test to determine...more
On August 25, 2023, the National Labor Relations Board (NLRB) issued a decision that significantly narrows employers’ options in contesting union organizing efforts through secret ballot elections. The case, Cemex...more
On August 2, 2023, the NLRB issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023) which adopts a new legal standard for evaluating whether employer workplace policies violate the NLRA. The decision supplants a more...more
On May 30, 2023, NLRB General Counsel Jennifer Abruzzo issued a memo explaining her view that, except in limited circumstances, employee non-competition agreements violate the Act. While the memo only reflects General Counsel...more
On February 21, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in McLaren Macomb providing that employers violate federal labor law when they require employees to sign severance agreements...more
On February 21, 2023, the NLRB issued a decision significantly restricting employers’ use of non-disparagement and confidentiality provisions in its agreements with its non-supervisory employees. As a result of the decision,...more
Last week, NLRB General Counsel Jennifer Abruzzo joined the agency’s regional prosecutors in concluding that some NCAA student athletes are employees, instructing the Board’s regional prosecutors to pursue unfair labor claims...more
On December 14, 2022, in a return to Obama-era precedent, the National Labor Relations Board (NLRB) toughened the standard an employer must meet to prevent a union from organizing a small group of employees within a larger...more
With its decision in Valley Hospital Medical Center, the NLRB reversed its Trump-era precedent and held that dues checkoff provisions in collective bargaining agreements survive the expiration of the contract. Accordingly,...more
On November 10, 2021, following the announcement of OSHA’s new vaccination-or-testing rule, the Office of the General Counsel of the National Labor Relations Board released a memorandum addressing employers’ obligation to...more
March 18, 2021 On March 12, 2021, the National Labor Relations Board withdrew its proposed rulemaking that would have prevented college student workers from organizing unions. As a result, the Board’s 2016 decision granting...more
Since the beginning of the COVID-19 pandemic, U.S. employers have struggled with how to address the unanticipated ramifications of the pandemic while at the same time meeting their obligations under federal labor law. ...more
8/20/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Hazard Pay ,
Layoffs ,
NLRB ,
Paid Leave ,
Retaliation ,
Sick Leave ,
Unfair Labor Practices ,
Unions ,
Wrongful Termination
On July 21, 2020, the National Labor Relations Board simplified its legal standard for determining whether an employer violates the National Labor Relations Act when it disciplines employees for engaging in abusive conduct...more
In December 2019, the National Labor Relations Board announced revised procedures for union elections that would extend certain pre-election deadlines and require certain disputes be resolved ahead of an election... These...more
In December 2019, the National Labor Relations Board (NLRB) updated its procedures for union elections, with the new rules going into effect on April 16, 2020. These updated procedures include changes such as longer time...more
February 25, 2020, the National Labor Relations Board (NLRB) released the final version of its new joint employer rule, which limits the circumstances in which franchisors and businesses that use employees hired by third...more
With its sole Democratic member’s term expiring as of December 16, 2019, the National Labor Relations Board issued a flurry of decisions this week in advance of her departure, including two decisions rolling back Obama-era...more
In 2014, the Obama-era National Labor Relations Board made over two dozen changes to the union election rules that effectively shortened the time period between the filing of the petition and the election and limited the...more
On September 9, 2019, the National Labor Relations Board (“NLRB”) clarified its standard for reviewing the appropriateness of small bargaining units within larger workforces, sometimes referred to as “micro units.” The ruling...more
New Ruling Makes It Easier for Employers to Introduce Workplace Changes During Term of Collective Bargaining Agreement -
On September 10, 2019, in MV Transportation, Inc., Case No. 28-CA-173726, the National Labor...more
Last week, in Velox Express, Inc., the National Labor Relations Board (NLRB) answered what had been a long-standing open question under federal labor law, ruling that the misclassification of employees as independent...more
On January 25, 2019, the National Labor Relations Board issued a decision revising the test for independent contractor status under federal labor law. In SuperShuttle DFW, Inc., the Board ruled that the test for determining...more
On June 6, 2018, the National Labor Relations Board’s (NLRB) General Counsel issued a guidance on the agency’s new position on employee handbook rules. Reflecting recent changes in Board law, the guidance issued by NLRB...more