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The NLRB gives unions a boost for the new year

Unions were busy in 2022, making well-documented gains in organizing not seen for decades. At the end of the year, the National Labor Relations Board (NLRB or Board) lent unions support with a flurry of activity that likely...more

NLRB issues new notice of proposed rulemaking on joint-employer standard

On September 6, 2022, the National Labor Relations Board (NLRB) proposed a new rule for determining joint-employer status under the National Labor Relations Act (NLRA). Since 2020, a joint employer finding required proof of...more

NLRB general counsel urges Board to flip-flop on workplace rules standards

Section 7 of the National Labor Relations Act (Act) gives employees the right “to engage in . . . concerted activities for the purpose of . . . mutual aid or protection.” One common issue that the National Labor Relations...more

NLRB general counsel issues guidance on bargaining obligations in relation to OSHA ETS

On November 10, the National Labor Relations Board (NLRB) Office of the General Counsel (GC), issued a memorandum with its position on unionized employers’ bargaining obligations when implementing the Occupational Safety and...more

NLRB General Counsel seeks to further shake up college sports

Earlier this month, the General Counsel of the National Labor Relations Board issued a memorandum declaring that private college athletes should be considered “employees” under Section 2(3) of the National Labor Relations Act...more

NLRB Upholds More Workplace Policies

Consistent with its intent to relax scrutiny regarding the legality of employment policies (see here and here), the National Labor Relations Board (“NLRB” or “Board”) recently upheld, in LA Specialty Produce Co., two...more

NLRB Vacates Recent Decision Narrowing Joint-Employer Standard; Broad Browning-Ferris Test Back in Play For Now

As we previously reported, the National Labor Relations Board (Board) on December 14, 2017 issued a decision in Hy-Brand Industrial Contractors scrapping a broad and controversial “joint employer” standard in favor of a...more

NLRB Reverses Several Obama-Era Decisions; Loosens Grip on Employers

In a flurry of decisions late last week, the newly-constituted majority of the National Labor Relations Board (NLRB or the Board) issued a number of decisions that signal a less interventionist approach with respect to the...more

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