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Top Five Labor Law Developments for August 2020

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

Top Five Labor Law Developments For June 2020

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

Top Five Labor Law Developments For May 2020

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

Top Five Labor Law Developments For April 2020

1. The National Labor Relations Board (NLRB) has signaled its intention to amend its criteria for ordering mail-ballot elections, even as some regional offices are directing mail-ballot elections due to the COVID-19 pandemic....more

Top Five Labor Law Developments For January And February 2020

1.The Trump Administration announced its intent to re-nominate National Labor Relations Board (NLRB) member Marvin Kaplan and former member Lauren McFerran. President Donald Trump is preparing a nomination package to ensure...more

Top Five Labor Law Developments For December 2019

1.The National Labor Relations Board (NLRB) has announced comprehensive changes to its election procedures, largely revamping the Obama-era “quickie” election rules. The new rules will slow down the election process greatly....more

Top Five Labor Law Developments For November 2019

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

Top Five Labor Law Developments For September 2019

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

Top Five Labor Law Developments For July 2019

1.The National Labor Relations Board (NLRB) General Counsel’s Division of Advice has found an employer did not violate the National Labor Relations Act (NLRA) when it fired an employee based on the mistaken belief that she...more

Top Five Labor Law Developments For March 2019

1.The National Labor Relations Board (NLRB) ruled that a private-sector union may not require non-member objectors (known as Beck objectors) to pay for its political lobbying expenses. United Nurses and Applied Professionals...more

Top Five Labor Law Developments for February 2019

1.National Labor Relations Board (NLRB) Member Mark Gaston Pearce has withdrawn his name from consideration for another term on the Board. Pearce reportedly explained his decision by stating it felt best to “remove myself...more

Top Five Labor Law Developments For November 2018

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

Top Five Labor Law Developments For October 2018

1. The deadline for submitting comments regarding the National Labor Relations Board’s proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act has been extended to...more

Top Labor Law Developments For August And September 2018

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

Top Five Labor Law Developments For May 2018

1.The U.S. Supreme Court has ruled that class action waivers in employment arbitration agreements do not violate federal law. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300;...more

Top Five Labor Law Developments For December 2017

1.In Hy-Brand Industrial Contractors, 365 NLRB No. 156 (Dec. 14, 2017), the National Labor Relations Board overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015), an Obama-era decision that held two entities are joint...more

Top Five Labor Law Developments For August 2017

Employees had no right to union representation in their employer’s peer review committee proceedings, the U.S. Court of Appeals for the District of Columbia Circuit has ruled. Midwest Division – MMC, LLC, dba Menorah Medical...more

Top Five Labor Law Developments In May 2017

1. Handbook rules requiring employees to obtain preapproval to use cameras and other recording devices at work are not per se unlawful, according to the National Labor Relations Board. Mercedes-Benz U.S. Int’l Inc., 365 NLRB...more

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