The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more
9/1/2023
/ Administrative Law Judge (ALJ) ,
Cemex ,
Collective Bargaining ,
Employees ,
Employer Liability Issues ,
Labor Relations ,
NLRA ,
NLRB ,
Quickie Election Rules ,
Section 7 ,
Unfair Labor Practices ,
Union Elections ,
Unions
President Joe Biden issued an Executive Order on Monday establishing a task force whose stated purpose will be to recommend ways that existing laws and policies may be used to promote “worker power” -- in other words,...more
Labor law, along with other employment-related policy matters, is at the forefront of the political, economic, and oftentimes cultural divide in the nation. With the change in Presidential administrations, some knowledgeable...more
1/21/2021
/ ABC Test ,
Biden Administration ,
Boycotts ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Multi-Employer Pensions ,
NLRA ,
NLRB ,
Persuader Rules ,
Quickie Election Rules ,
Taft-Hartley Act ,
Trump Administration ,
Unfair Labor Practices ,
Unions
On June 23, the National Labor Relations Board issued a decision in Care One at New Milford, finding that employers have no statutory obligation to bargain before instituting discretionary employee discipline that is...more
On December 28, the majority of a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit for the most part upheld an expansive “joint employment” standard adopted by the National Labor Relations...more
The Trump Administration has begun the process to rescind the “2016 Persuader Rule,” one of the most contentious employment-related regulations issued during the Obama Administration. Earlier this week, the U.S. Department of...more
The U.S. Department of Labor’s narrow interpretation of the “advice exemption” of the “Persuader Rule” appears to be no more. Yesterday a federal judge in Lubbock, Texas, issued a permanent injunction prohibiting enforcement...more
NEWS & ANALYSIS -
Class arbitration cases continue to stack up at Supreme Court. The National Labor Relations Board on September 9 petitioned the Court for certiorari in NLRB v. Murphy Oil USA, Inc. The lower court...more
NEWS & ANALYSIS -
DOL Persuader Rule will not take effect July 1, after court issues preliminary injunction – In the second decision to be issued in the three lawsuits challenging the U.S. Department of Labor’s new...more
U.S. Department of Labor moves forward with new "persuader" regulations, expected in March 2016 - As we have previously reported, the U.S. Department of Labor has long wanted to revise the "persuader" reporting rules under...more
Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more
8/28/2015
/ Administrative Procedure Act ,
Barack Obama ,
Collective Bargaining ,
College Athletes ,
Confidential Witnesses ,
Fair Labor Standards Act (FLSA) ,
Fifth Amendment ,
First Amendment ,
Football ,
Internal Investigations ,
Joint Employers ,
NLRA ,
NLRB ,
Northwestern University ,
Pending Legislation ,
Political Debates ,
Protected Concerted Activity ,
Protests ,
Quickie Election Rules ,
Unions ,
Vacancies Act ,
Witness Statements
Overruling approximately 50 years of its own precedent, the National Labor Relations Board has decided that a union dues check off provision in a collective bargaining agreement will survive expiration of the agreement. The...more