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Federal court rules that new NLRB joint employer regulations are unlawful

On March 8, a federal judge in Texas ruled that the National Labor Relations Board’s new joint employer regulations, which were to take effect yesterday, are invalid as inconsistent with the National Labor Relations Act. ...more

Court delays effective date of NLRB “joint employer” regs

In an order issued yesterday, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas, issued a two-week stay (through March 11) of the National Labor Relations Board’s new joint employer...more

NLRB delays effective date of “joint employer” regs until late February

The National Labor Relations Board announced Thursday that it was delaying the effective date of its new joint employer regulations from the original December 26 (end of next month) to February 26, 2024. The Board asserts...more

NLRB issues "joint employer" regulations

They are not employer-friendly. On October 26, the National Labor Relations Board, by a 3 to 1 vote, issued regulations with a new standard for determining “joint employer” status under the National Labor Relations Act....more

NLRB limits employer opportunity to let employees vote on union representation

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

In light of recent NLRB decision, employer workplace rules face more aggressive scrutiny

The National Labor Relations Board swung to a Democratic majority after the 2020 election of President Joe Biden. That majority has been almost continually dismantling standards established by the Republican majority Board...more

USDOL revises labor “persuader” form to require information about federal contracts, subcontracts

On July 28, the U.S. Department of Labor, Office of Labor-Management Standards, issued its final revision of Form LM-10 and a Fact Sheet. The revised form will require employers who use labor “persuaders” to indicate when the...more

NLRB revamps independent contractor standard to expand “employee” coverage

On Wednesday the National Labor Relations Board reverted to an Obama-era standard for determining whether a worker was an “employee” or an “independent contractor.” As you might suspect, the new standard makes it more likely...more

NLRB restores labor law protection for employee misconduct that accompanies Section 7 activity

On May 1, the National Labor Relations Board issued a decision that will restore protection for employee misconduct when it occurs during protected concerted activity. In Lion Elastomers LLC II, the Board overruled 3-1 a...more

No-disparagement, confidentiality provisions in separation agreements violate Section 7, NLRB says

On Tuesday, the National Labor Relations Board issued yet another decision reversing precedent established by the Trump-era Board in 2020. In McLaren Macomb, the three-member Democratic majority decided that employers may not...more

NLRB returns to “micro-bargaining units” for union representation elections

On Wednesday, the National Labor Relations Board modified the standard used to determine whether a “petitioned-for” bargaining unit is appropriate for union representation when a party contends that the unit is inappropriate...more

NLRB expands standard remedy available for unfair labor practices

On Tuesday, the National Labor Relations Board, in a 3-2 decision, expanded the remedy available for unfair labor practices to include a make-whole remedy for "all direct or foreseeable pecuniary harms” resulting from the...more

Laboring on without a House – unions and their allies have plenty of “workarounds”

The Biden Administration’s efforts at adjusting the balance of labor relations toward the interests of organized labor, at least for now, must largely fall back on non-legislative means, given the Republican capture of the...more

NLRB General Counsel proposes crackdown on employers who monitor employees

The National Labor Relations Board may soon be coming for employers who electronically monitor their employees. On October 31, the NLRB’s General Counsel Jennifer Abruzzo, who is the chief prosecutor for the Board, gave...more

The Biden Era Of Labor Law Change – The Shift To Organized Labor

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

Hit The Reset Button: NLRB Restores Precedent On Bargaining Obligations For Discretionary Discipline

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

NLRB Moves Ahead With New Election Regs That Were Not Blocked By Federal Judge

The National Labor Relations Board has announced that it will move forward with parts of its new election regulations that were not blocked by a May 30 order from a federal judge in the District of Columbia. The election...more

The NLRB’s December Flurry – More Return To Reason For Year End

In a flurry of decisions issued this month, the Republican majority on the National Labor Relations Board overruled several Obama-era decisions. The decisions concern employer rules for confidentiality in investigations,...more

What's Happening Now In Labor Law

For your Labor Day Weekend enjoyment. Misclassifying workers does not violate the NLRA. The National Labor Relations Board issued a decision yesterday, ruling 3-1 that worker misclassification does not violate the National...more

Board Clarifies Mandatory Arbitration Under NLRA

Building on last year's Supreme Court decision in Epic Systems. On Wednesday, the National Labor Relations Board addressed several important questions involving employers’ arbitration agreements and the National Labor...more

NLRB Rolls Out First Installment Of Proposed Regs On Election Policies

On Friday, the National Labor Relations Board issued notice of the first stage of newly proposed representation case regulations, which were published this morning in the Federal Register. The Republican Board majority...more

D.C. Circuit Decision On “Joint Employment” Standard Clarifies Little

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

NLRB Extends Deadline For Comment On Joint Employer Proposal

On October 30, the National Labor Relations Board extended the period for public comment on its proposed rule concerning joint employment. The new deadline is December 13, and comments on the comments will be received through...more

NLRB Invites Briefs On Question Of Employee Use Of Employer Systems For Non-Business Purposes

Employers may soon learn from the National Labor Relations Board that they once again can control their own email and other electronic communications systems. On August 1, the Board published an invitation for briefs from...more

Executive Labor Summary - May - July 2018

NLRB’s joint employer standard is still up in the air. The “joint employer” standard of the National Labor Relations Board is still in play. On May 9, in a rarely-seen development, the NLRB Office of Information and...more

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