With the US Supreme Court’s June 28 decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the four-decades Chevron doctrine is no longer. While the Court’s decision has altered...more
7/11/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
OSHA ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
Wage and Hour
The National Labor Relations Board drastically changed the process for unions seeking recognition of most private sector employees in the United States. Abandoning 50 years of established law, in Cemex Construction Materials...more
The National Labor Relations Board’s recent decision in Lion Elastomers reinstated setting-specific standards to assess how employers respond to employee misconduct, including potentially profane, discriminatory, and...more
National Labor Relations Board (NLRB or the Board) General Counsel (GC) Jennifer Abruzzo issued guidance on the Board’s recent decision regarding severance agreements. In McLaren Macomb, 372 NLRB No. 58, the Board found that...more
The National Labor Relations Board (NLRB or the Board) issued a decision on February 21 in McLaren Macomb (372 NLRB No. 58) overruling precedent to hold that employers may not offer employees severance agreements containing...more
Leading up to National Labor Relations Board (NLRB) member John F. Ring’s departure on December 16, 2022, labor advocates held their collective breath, awaiting what is often a flurry of decisions as Board members push their...more
In General Counsel Memorandum 23-02, National Labor Relations Board General Counsel Jennifer Abruzzo announced a new and unprecedented prosecutorial initiative aimed at employers that utilize technology to monitor and manage...more
In a notice of proposed rulemaking (NPRM) published on September 7, 2022, the National Labor Relations Board (NLRB) proposes an initial regulation that would fundamentally change the definition of “joint employer,” replacing...more
The US National Labor Relations Board recently issued its first precedent-shifting decision under the Biden-Harris administration concerning employer dress codes and uniform policies. The Board, in a 3-2 split decision, held...more
9/2/2022
/ Dress Codes ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Section 7 ,
Special Circumstances Doctrine ,
Uniforms ,
Union Insignia ,
Unions
National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum 22-04 on April 7, taking the position that mandatory meetings held by employers addressing Section 7 activity are unlawful—including meetings...more
A regional director of the US National Labor Relations Board recently ordered an election for physicians to vote on whether they want to unionize. The votes showed that a determinative majority of ballots had been cast...more
Newly confirmed National Labor Relations Board General Counsel Jennifer Abruzzo announced her enforcement priorities in a lengthy memorandum released on August 12, 2021. The memorandum requires employers to rethink their...more
The National Labor Relations Board has finally abandoned its problematic standard around the discipline and discharge of employees who engage in abusive conduct in connection with protected concerted activity. On July 21, the...more
In a ruling with significance for businesses using independent contractors, the National Labor Relations Board has reaffirmed that entrepreneurial opportunity is a significant factor in weighing independent contractor status....more