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Top Five Labor Law Developments For March 2018

1.The National Labor Relations Board (NLRB) continued to deal with tumult over the “joint-employer” issue. On March 1, the Board asked the U.S. Court of Appeals for the D.C. Circuit to resume considering an appeal of...more

Top Five Labor Law Developments For February 2018

1.The National Labor Relations Board has vacated its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Feb. 26, 2018), and restored the Board’s union-friendly joint employer test set forth in...more

Top Five Labor Law Developments For January 2018

1.Management-side labor and employment lawyer John Ring has been nominated by President Donald Trump to fill the vacant seat on the five-member National Labor Relations Board. If confirmed, Ring would replace former-Board...more

NLRB Extends Time For Filing Responses To “Quickie Election” Request For Information

The National Labor Relations Board has extended the time for filing responses to its request for information regarding its 2014 election rule. The new date for submissions is Monday, March 19, 2018. In that request for...more

Top Five Labor Law Developments For December 2017

1.In Hy-Brand Industrial Contractors, 365 NLRB No. 156 (Dec. 14, 2017), the National Labor Relations Board overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015), an Obama-era decision that held two entities are joint...more

Labor Board Sets New Standard For Determining Lawfulness Of Facially Neutral Workplace Rules

The National Labor Relations Board has established a new test for evaluating the lawfulness of an employer’s facially neutral workplace policies and rules. Among the most consequential of the Board’s recent bombshell NLRB...more

New NLRB GC Opens Door To Possible Widespread Bargaining Unit Changes

The National Labor Relations Board General Counsel’s Division of Operations Management has issued a sweeping Memorandum to Regional Offices setting forth a variety of circumstances under which those offices should process...more

Labor Board Returns To Pre-2015 Joint Employer Standard

In Hy-Brand Industrial Contractors Ltd., 365 No. 156 (Dec. 14, 2017), the National Labor Relations Board overturned its standard for determining joint employer status under the National Labor Relations Act established in...more

Top Five Labor Law Developments For November 2017

1. John Ring, a management-side labor and employment attorney, reportedly is undergoing background checks to become President Donald Trump’s nominee to fill the seat on the National Labor Relations Board that Chairman Philip...more

Unwrapping Late Year NLRB Decisions – Next Steps For Your Organization To Consider

Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling many union-friendly precedents of the Obama-era Board, the Board has beaten...more

Labor Board Asks: Retain, Modify, Or Rescind ‘Quickie Election’ Rules?

A Request for Information regarding the “Quickie Election” representation regulations (at 29 CFR parts 101 and 102) will be published on December 13, 2017, the National Labor Relations Board has announced. The RFI will seek...more

NLRB General Counsel Concludes Division I Scholarship Football Players are Employees under Labor Law

Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded....more

Court Grants Permanent Injunction, Blocking Labor Department’s New Persuader Rule

The U.S. District Court for the Northern District of Texas, Lubbock Division, has converted its nationwide preliminary injunction, issued on June 27, 2016, against the U.S. Department of Labor’s “persuader” rule into a...more

Court Halts Labor Department’s New Persuader Rule

The U.S. District Court for the Northern District of Texas, Lubbock Division, has issued a nationwide preliminary injunction against the U.S. Department of Labor’s “persuader” rule promulgated under the Labor-Management...more

New Georgia Law Says Franchisors Generally Not Employers of Franchisees or Franchisees’ Workers

The “Protecting Georgia Small Businesses Act” amends Georgia’s Labor and Industrial Relations Code to provide that neither a franchisee nor a franchisee’s employee is considered an employee of a franchisor for “any purpose.”...more

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