As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policy, and shifting toward pro-union and...more
On August 15, 2024, the Appropriations Committee of the California State Assembly passed SB 399 by a vote of 10–3. The bill had passed the Senate in 2023 and has been with the Assembly since, waiting for action and a vote....more
8/23/2024
/ California ,
Employer Liability Issues ,
General Assembly ,
Labor Reform ,
Legislative Agendas ,
New Legislation ,
NLRA ,
NLRB ,
State and Local Government ,
State Bans ,
State Legislatures ,
Unfair Labor Practices ,
Unions
On July 26, 2024, the National Labor Relations Board (“Board”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which rescinds a trio of April 2020 amendments to the Board’s Rules and Regulations affecting...more
8/20/2024
/ Employer Liability Issues ,
Employment Litigation ,
Final Rules ,
Labor Regulations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Union Elections ,
Unions
A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are...more
7/31/2024
/ Administrative Law Judge (ALJ) ,
Ambiguous ,
Chevron Deference ,
Employer Liability Issues ,
Employment Litigation ,
Government Agencies ,
Labor Disputes ,
Loper Bright Enterprises v Raimondo ,
NLRA ,
NLRB ,
SCOTUS ,
SpaceX ,
Statutory Interpretation ,
Unconstitutional Condition ,
Unions
On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more
On May 14, 2024, the United States District Court for the District of Massachusetts granted a petition for interim injunctive relief under Section 10(j) of the National Labor Relations Act (“NLRA”) that was filed by the...more
On May 8, 2024, the National Labor Relations Board (“Board”) issued a decision reversing a 2021 decision the Board previously vacated after former Board Member William Emanuel, who participated in the ruling, was found to...more
On April 26, 2024, Ctrl Alt Destroy, Inc. (“CAD”), a California Corporation and cannabis licensee filed a lawsuit against Nicole Elliott in her official capacity as Director of the State of California’s Department of Cannabis...more
5/8/2024
/ California ,
Cannabis-Related Businesses (CRBs) ,
Commercial Litigation ,
Declaratory Relief ,
Employer Liability Issues ,
Employment Litigation ,
Fifth Amendment ,
Fourteenth Amendment ,
Injunctive Relief ,
Legislative Agendas ,
Licensing Rules ,
NLRA ,
NLRB ,
Preemption ,
State Legislatures ,
Unions
Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed...more
4/22/2024
/ Employees ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Rulemaking Process ,
Section 7 ,
Unfair Labor Practices ,
Unions
As we previously reported and discussed here, the Cemex Construction Materials Pacific, LLC ruling has dramatically changed the threshold that will prompt the National Labor Relation Board (“NLRB”) to issue mandatory...more
10/23/2023
/ Collective Bargaining ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
On August 30, 2023, the National Labor Relations Board (the “Board”) released a pair of decisions: Wendt Corporation, 372 NLRB No. 135 (2023) and Tecnocap, LLC, 372NLRB No. 136 (2023), overruling different aspects of the 2017...more
On August 31, 2023, the National Labor Relations Board (“NLRB” or “Board”) adopted a broader test for what is considered “protected concerted activity” under the National Labor Relations Act (“NLRA” or the “Act”). Section 7...more
On August 2, 2023, the National Labor Relations Board (the “NLRB” or “Board”) issued its decision in Stericycle Inc., 372 NLRB No. 113 (2023) (“Stericycle”) overruling the standards established in The Boeing Company, 365 NLRB...more
On June 13, 2023, the National Labor Relations Board (the “Board” or “NLRB”) overturned another business-friendly Board decision in favor of a return to a more employee-favorable standard for determining if a worker is an...more
On the heels of the National Labor Relations Board’s decision in McLaren Macomb, which invalidated most confidentiality and nondisparagement provisions in a variety of employment agreements (as we covered here and here), NLRB...more
6/13/2023
/ Antitrust Division ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Proposed Rules ,
Section 7 ,
Unfair Labor Practices ,
Unions
In a decision that had been anticipated, the National Labor Relations Board (“NLRB” or “Board”) abandoned its short-lived burden-shifting test for determining the legality of employer discipline of employees found to have...more
On March 20, 2022, National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo issued a memorandum to all Regional Directors, Officers-in-Charge, and Resident Officers updating the cases they are...more
On March 22, 2023 Jennifer Abruzzo, General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or the “Board”) issued a memorandum intended to assist the Regions in responding to inquiries regarding the Board...more
On December 16, 2022, the National Labor Relations Board (“NLRB” or “Board”) abandoned the employer-friendly access standard for off-duty employees of an onsite contractor that was adopted under the Trump Administration in...more
As we previously predicted, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in American Steel Construction, Inc. (available...) and yet again overruled another case decided under the Trump...more
The constant fluctuations in precedent at the National Labor Relations Board (“NLRB” or the “Board”) continue as the Board overrules another case decided under the Trump Administration. This time the NLRB has set its sights...more
On the heels of the Labor Day weekend, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking and request for comments (NPRM) that would once again change the joint employer legal standard. The...more
On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing the application of the Americans with Disabilities Act (“ADA”) to employers utilizing software, algorithms, and artificial...more
6/13/2022
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Disability Discrimination ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
New Guidance ,
Popular ,
Software
Under well-settled, decades-old precedent, employers have historically been free to hold mandatory “captive audience” meetings to educate employees, share views on unionization, and discuss what employees’ rights are with...more
The National Labor Relations Board (Board or NLRB) could reverse a 2019 decision holding that honest, albeit mistaken, classification decisions and announcements to employees do not violate the National Labor Relations Act...more