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NLRB Continues Its Rollback of Trump-Era Union Election Changes

Over the past several years, the National Labor Relations Board (the “Board”) under the Biden administration has taken several measures to make union election procedures more union-friendly....more

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated Before Taking Effect (Updated...

Update: Since the alert below was issued on March 13, 2024, the National Labor Relations Board (the “Board”) appealed the lower court’s decision to the Fifth Circuit Court of Appeals. On July 19, 2024, the Board filed an...more

Mercedes Workers in Alabama Reject UAW Unionization Efforts

On the heels of the United Auto Workers’ (“UAW”) successful campaign to organize Volkswagen workers in Chattanooga, Tennessee, Mercedes-Benz workers in Vance, Alabama chose a different path, rejecting the UAW as their...more

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more

NLRB Rule Vastly Expanding Joint Employer Risk Under the National Labor Relations Act is Vacated before Taking Effect

A National Labor Relations Board (the “Board”) rule set to take effect on Monday, March 11 and slated to significantly expand the circumstances in which a company would be deemed a joint employer under the National Labor...more

Union Election Petitions in 2024: The Story So Far; Employer Petitions Skyrocket, but Don’t Detract from Union Petition Rates

The Fallout from the NLRB’s Cemex Decision - As we previously addressed, the National Labor Relations Board’s (NLRB) August 25, 2023, decision in Cemex Construction Materials Pacific, LLC overturned long-established...more

New York Challenges Captive Audience Meetings with Long-Rejected Principle

On September 6, 2023, New York Governor Kathy Hochul signed legislation prohibiting employers from disciplining employees who choose not to attend captive audience meetings. Enactment of this legislation comes as no surprise,...more

NLRB and DOL Clamp Down on Anti-Union Activities, Expand Unfair Labor Practice Remedies, and Restrict Handbook Policies

In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more

NLRB Brings Holiday Cheer to Some, Jeers to Others in Flurry of End-of-Year Rulings

In what is becoming a holiday tradition, consequential National Labor Relations Board rulings continue this December. First, after nearly six decades, the Board has conformed to a rigid test in evaluating whether an employer...more

NLRB Makes Union Organization Easier, Loosens Test for Approval of Collective Bargaining “Micro-Units”

On Wednesday, the National Labor Relations Board issued a groundbreaking decision in American Steel Construction, Inc., 372 NLRB No. 23 (2022), reviving the concept of collective bargaining “micro-units.” Micro-units are...more

Southern District of New York Vacates DOL’s “Direct and Immediate Control” Requirement for Joint Employer Status

On September 8, 2020, the U.S. District Court for the Southern District of New York issued its opinion in New York v. Scalia et al., S.D.N.Y., No. 20-01689, vacating the Department of Labor’s (“DOL”) April 27, 2020 final rule...more

NLRB Rule-Making Poised to Make Additional Changes to Union Election Procedures

On July 28, 2020, the National Labor Relations Board (“NLRB” or the “Board”) announced another round of rule changes that would impact representation election procedures in two significant ways. We previously discussed prior...more

NLRB Makes it Simpler to Discipline Profane or Abusive Employee Conduct

On July 21, 2020, the National Labor Relations Board (“NLRB” or “the Board”) issued its decision in General Motors LLC, 369 NLRB No. 127, reviving the Wright Line test and making it easier for employers to discipline an...more

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