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
1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more
6/16/2022
/ Collective Bargaining ,
Corporate Counsel ,
Decertification ,
Employee Rights ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Twitter ,
Union Organizers ,
Unions ,
Wage and Hour
1. The National Labor Relations Board (NLRB) General Counsel (GC) filed a brief seeking to expand unions’ right to obtain recognition from employers based on signed authorization cards alone, without the need for a Board...more
5/10/2022
/ Collective Bargaining ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
GAO ,
NLRA ,
NLRB ,
Opt-Outs ,
Secret Ballot ,
Unfair Labor Practices ,
Union Elections ,
Unions
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
4/12/2022
/ Arbitration ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
NPRM ,
Reimbursements ,
Unfair Labor Practices ,
Union Dues ,
Unions ,
Wage and Hour
1. The National Labor Relations Board (NLRB) General Counsel directed NLRB regions to seek preemptive injunctions for alleged unlawful threats during union campaigns. NLRB General Counsel Jennifer Abruzzo issued a memorandum...more
3/11/2022
/ Arbitration Agreements ,
Corporate Counsel ,
Employer Liability Issues ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Independent Contractors ,
Mandatory Arbitration ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unfair Labor Practices ,
Union Organizers ,
Unions
1. The National Labor Relations Board General Counsel’s office is advocating for overturning Trump-era Board cases defining the scope of National Labor Relations Act-protected activity. In a brief filed on January 14, The...more
2/7/2022
/ Administrative Law Judge (ALJ) ,
Bureau of Labor Statistics ,
Collective Bargaining ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Foreign Workers ,
Memorandum of Understanding ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unions
1. The National Labor Relations Board (NLRB) announced on Dec. 10 that it will again revisit its joint employer standard. The agency’s 2022 regulatory agenda includes plans to engage in the formal rulemaking process on the...more
1. National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo mandated the seeking of more aggressive remedies in unfair labor practice (ULP) cases. Office of General Counsel Memorandum GC 21-06, Seeking Full...more
10/12/2021
/ Budget Reconciliation ,
College Athletes ,
Compensation ,
Corporate Counsel ,
Health Insurance ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Premiums ,
Private Property ,
Remedies ,
Right of Access ,
Settlement Agreements ,
Union Organizers ,
Unions ,
Universities ,
Wage and Hour
1. The Senate confirmed Jennifer Abruzzo to the National Labor Relations Board (NLRB) General Counsel post and Gwynne Wilcox and David Prouty as NLRB members. Approved on July 21 by a narrow 51-50 vote, with Vice President...more
8/23/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Email Policies ,
First Amendment ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Union Organizers ,
Unions ,
USPS ,
Vaccinations ,
Virus Testing
1. The U.S. Supreme Court held California’s union access regulation constitutes an unconstitutional taking of an employer’s property. Cedar Point Nursery v. Hassid, 141 S.Ct. 891 (June 23, 2021). The California Agricultural...more
7/19/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Corporate Counsel ,
GAO ,
Joe Biden ,
NLRA ,
NLRB ,
NLRB General Counsel ,
SCOTUS ,
Unfair Labor Practices ,
Unions
1. Thus far in 2020, unions prevailed in mail ballot elections at the same rate as in-person elections. According to an October 16 Bloomberg report, although voter participation was low, unions won seven out of 10 National...more
11/18/2020
/ 401k ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Mail-In Ballots ,
NLRA ,
NLRB ,
Office of Administrative Law Judges (OALJ) ,
State Labor Laws ,
Unions ,
Wage and Hour
1.National Labor Relations Board (NLRB) General Counsel Peter Robb has issued guidance addressing employer assistance in union organizing and decertification elections. In Memorandum GC 20-13 (Sept. 4, 2020), “Guidance...more
10/19/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Labor Laws ,
Furloughs ,
Hazard Pay ,
Interpreters ,
NLRA ,
NLRB ,
Personal Protective Equipment ,
Protests ,
Unions ,
Unpaid Leave ,
Wage and Hour
1. The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more
9/21/2020
/ Administrative Law Judge (ALJ) ,
Boeing ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Federal Labor Laws ,
Furloughs ,
Layoffs ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Social Media ,
State Labor Laws ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
1.The National Labor Relations Board (NLRB) has restored a unionized employer’s right to unilaterally discipline or discharge an employee prior to executing a first collective bargaining agreement. 800 River Road Operating...more
1.The National Labor Relations Board (NLRB) implemented several parts of its new election rule that were not enjoined by a federal district court judge. The new rule aims to reform the controversial Obama-era “quickie...more
1.The National Labor Relations Board (NLRB) has clarified its test for determining whether an employee’s protected activity under the National Labor Relations Act (NLRA) was a motivating factor in employee discipline....more
1. The National Labor Relations Board (NLRB) has clarified its standard for evaluating the legality of employers’ facially neutral policies, rules, or handbook provisions. LA Specialty Produce Co., 368 NLRB No. 93 (Oct. 8,...more
1. The National Labor Relations Board (NLRB) has adopted a new standard for determining whether contractual language acts as a waiver of a union’s right to bargain over a specific issue. MV Transportation, Inc., 368 NLRB No....more
1.The National Labor Relations Board (NLRB) found an employer did not violate the National Labor Relations Act (NLRA) by misclassifying its employees as independent contractors. Velox Express, Inc., 368 NLRB No. 61 (Aug. 29,...more
1.An employer violated the National Labor Relations Act (NLRA) by maintaining a mandatory arbitration policy making arbitration the exclusive forum for resolving all employment claims because it denied employees access to the...more
1.National Labor Relations Board (NLRB) Chairman John Ring has announced that revisions to the Board’s election rules are a “long-term” action item. This may indicate the revisions to the Obama-era election rules (in effect...more
President Donald Trump nominated Mark Gaston Pearce for a third term on the National Labor Relations Board (NLRB) on August 28. Pearce’s nomination came despite widespread criticism from Republicans and business groups who...more
1.Business lobbyists reportedly are urging the Trump Administration to not re-nominate National Labor Relations Board (NLRB) Member Mark Gaston Pearce (D) for a third term. Pearce’s term at the five-member Board is scheduled...more
8/22/2018
/ Corporate Counsel ,
Department of Labor (DOL) ,
Email ,
Employer Liability Issues ,
Hiring & Firing ,
LMRDA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Persuader Rules ,
Purple Communications ,
Section 7 ,
Trump Administration
A new law passed by the New York City Council amends and significantly broadens the definitions of “sexual orientation” and “gender” in the New York City Human Rights Law (NYCHRL). The new law will become effective on May 11,...more