On September 6, 2023, Democratic member Gwynne Wilcox was appointed to the NLRB by former President Joe Biden. Her five-year term was scheduled to end in 2028.
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2/7/2025
/ Administrative Appointments ,
Biden Administration ,
Constitutional Challenges ,
Employee Rights ,
Executive Orders ,
Labor Relations ,
Malfeasance ,
NLRA ,
NLRB ,
Removal For-Cause ,
SCOTUS ,
Statutory Interpretation ,
Termination ,
Trump Administration ,
Unions
Since his inauguration, President Donald Trump has been making changes to the National Labor Relations Board (NLRB) almost every day....more
2/5/2025
/ Administrative Appointments ,
Biden Administration ,
Employment Policies ,
Federal Labor Laws ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Agencies ,
Trump Administration ,
Unions
Two weeks after his inauguration, President Donald Trump continues to make unprecedented moves to impact the National Labor Relations Board (NLRB)....more
2/4/2025
/ Constitutional Challenges ,
Department of Labor (DOL) ,
Employment Litigation ,
Executive Orders ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Trump Administration ,
Unions
One week after his inauguration, President Donald Trump has taken additional moves to impact the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL)....more
As anticipated, immediately upon his inauguration, President Trump took swift action in the labor and employment arena. His initial appointments and Executive Orders left no doubt that his administration will make an abrupt...more
1/27/2025
/ Affirmative Action ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Labor Reform ,
NLRB ,
Religious Discrimination ,
Sex Discrimination ,
Trump Administration
On Tuesday, December 10, the National Labor Relations Board (NLRB) issued a decision that will make it more difficult for a unionized employer to make unilateral changes to working conditions. The decision, Endurance...more
On October 7, 2024, the National Labor Relations Board’s (NLRB) top prosecutor issued a memo to NLRB regional offices, solidifying the hard line her office will take on noncompete and “stay-or-pay” agreements and calling for...more
On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s...more
2/8/2024
/ Educational Institutions ,
Employee Definition ,
Employees ,
Employment Policies ,
Federal Labor Laws ,
Hiring & Firing ,
NLRA ,
NLRB ,
Student Athletes ,
Unions ,
Wage and Hour
Last week, the National Labor Relations Board (“Board”) issued a decision changing the legal standard it will use to determine whether workers are “employees” covered by the National Labor Relations Act (“NLRA”), or...more
Yesterday, the United States Senate confirmed Gwynne Wilcox and David Prouty to seats on the National Labor Relations Board (Board). These confirmations seal the deal on a Democratic majority on the Board and undoubtedly will...more
The National Labor Relations Board (NLRB or Board) recently held that Tesla Inc. and CEO Elon Musk violated the National Labor Relations Act (NLRA) by infringing on employees’ protected rights through a tweet, and through an...more
The National Labor Relations Board (NLRB or Board) has withdrawn a proposed rule that would have exempted graduate students from the definition of “employees” under the National Labor Relations Act (NLRA). Under the rule...more
The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more
11/20/2019
/ ABC Test ,
Appeals ,
Back Taxes ,
Corporate Counsel ,
Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Tax ,
Enforcement Actions ,
Freelance Workers ,
Gig Economy ,
Income Taxes ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
NYDOL ,
On-Demand Services ,
Over-Time ,
Popular ,
State and Local Government ,
Summary Judgment ,
Tax Penalties ,
Uber ,
Wage and Hour
The National Labor Relations Board (NLRB) overturned yet another Obama-era precedent—the 2014 FedEx Home Delivery decision, which had severely limited the definition of an independent contractor under the National Labor...more
The National Labor Relations Board (NLRB) General Counsel's office has issued guidance in the aftermath of the NLRB's groundbreaking decision in The Boeing Company, 365 NLRB 154 (Dec. 14, 2017). ...more
The National Labor Relations Board (NLRB) on Friday rolled back yet another Obama-era decision. The 2011 "micro-units" decision, Specialty Healthcare & Rehabilitation Center of Mobile (Specialty Healthcare), had expanded the...more
The National Labor Relations Board (NLRB) Office of the General Counsel (GC) has signaled in a sweeping memorandum that the agency, under the Trump administration, is likely to reconsider and reverse many of its...more
Whether an individual is an “employee” entitled to all the protections of the National Labor Relations Act (NLRA), or a “student” who has no such rights, has been a recurring and hotly contested issue before the National...more
The U.S. Supreme Court agreed to review the decision of the U.S. Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, which held that President Obama’s January 2012 recess appointments of three members to the...more
Yesterday, in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit became the second circuit to hold that intrasession recess appointments violate the Recess Appointments Clause (RAC)...more
A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit has declared that President Obama acted unconstitutionally when he made three recess appointments to the National Labor Relations...more