The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...more
12/16/2024
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Employer Liability Issues ,
Employment Contract ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unilateral Modification ,
Unions ,
Wage and Hour ,
Waivers
The National Labor Relations Board once again has reversed precedent. It will now use a case-by-case analysis to determine whether an employer’s statements about the negative impacts of unionization on the relationship...more
Employers can expect a definite shift in the National Labor Relations Board under the new Trump Administration.
Following President Joe Biden’s 2020 election, labor and employment law practitioners saw sweeping legal...more
11/11/2024
/ Administrative Appointments ,
Arbitration Agreements ,
Corporate Counsel ,
Electronic Monitoring ,
Independent Contractors ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Quickie Election Rules ,
Retirement Funds ,
Section 7 ,
Severance Agreements ,
Surveillance ,
Trump Administration ,
Unfair Labor Practices ,
Union Elections ,
Unions
The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and...more
The U.S. Supreme Court issued a decision directing district courts to use the traditional four-part test when evaluating whether a preliminary injunction should issue at the request of the National Labor Relations Board...more
In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more
9/22/2023
/ Collective Bargaining ,
Contract Negotiations ,
Corporate Counsel ,
Discipline ,
Duty to Bargain ,
Employee Handbooks ,
Employer Liability Issues ,
Independent Contractors ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Repeat Violations ,
Severance Agreements ,
Unfair Labor Practices ,
Union Elections ,
Union Organizers ,
Unions
The National Labor Relations Board has returned to the “totality of the circumstances” test for determining when individual employee action constitutes protected concerted activity. Miller Plastic Products, Inc., 372 NLRB No....more
Overruling crucial aspects of precedent, the National Labor Relations Board has expanded an employer’s duty to bargain with employees under the National Labor Relations Act following the expiration of a labor contract and...more
The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023)....more
5/11/2023
/ Abusive Acts ,
Collective Bargaining ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Misconduct ,
Federal Contractors ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Subcontractors ,
Unfair Labor Practices ,
Unions
The National Labor Relations Board has returned to its pre-2020 standard restricting certain confidentiality and non-disparagement clauses in departing employees’ severance agreements. McLaren Macomb, 372 NLRB No. 58 (2023)....more
1. The National Labor Relations Board expanded its authority to include awarding consequential damages in unfair labor practice cases. Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022). Monetary remedies for violations of the...more
1/9/2023
/ Bargaining Units ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Budget ,
Information Technology ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
In a 3-2 decision, the National Labor Relations Board (NLRB) has expanded its own authority to order consequential damages in all cases in which “make whole” relief is appropriate. Thryv, Inc., 372 NLRB No. 22 (Dec. 13,...more
President Joe Biden signed legislation imposing a collective bargaining agreement between freight carriers and railroad unions, avoiding a nationwide strike. Congress passed the bill utilizing its authority under the Railway...more
1. The National Labor Relations Board (NLRB) General Counsel (GC) filed a brief seeking to expand unions’ right to obtain recognition from employers based on signed authorization cards alone, without the need for a Board...more
5/10/2022
/ Collective Bargaining ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
GAO ,
NLRA ,
NLRB ,
Opt-Outs ,
Secret Ballot ,
Unfair Labor Practices ,
Union Elections ,
Unions
1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...more
4/12/2022
/ Arbitration ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
NPRM ,
Reimbursements ,
Unfair Labor Practices ,
Union Dues ,
Unions ,
Wage and Hour
1. The National Labor Relations Board (NLRB) General Counsel directed NLRB regions to seek preemptive injunctions for alleged unlawful threats during union campaigns. NLRB General Counsel Jennifer Abruzzo issued a memorandum...more
3/11/2022
/ Arbitration Agreements ,
Corporate Counsel ,
Employer Liability Issues ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Independent Contractors ,
Mandatory Arbitration ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unfair Labor Practices ,
Union Organizers ,
Unions
1. On Nov. 19, 2021, the House passed a version of the Build Back Better Act that would vastly expand employer liability under the National Labor Relations Act (NLRA). The bill adds aggressive “civil penalties,” on top of the...more
12/15/2021
/ Back Pay ,
Coronavirus/COVID-19 ,
Foreign Workers ,
Hiring & Firing ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Reinstatement ,
Student Athletes ,
Unfair Labor Practices ,
Unions ,
Vaccinations ,
Virus Testing
The Build Back Better Act passed the House on November 19, 2021. It contains controversial provisions on many subjects, including new employer penalties under the National Labor Relations Act (NLRA). On December 11th, the...more
The media has been covering the budget bill – the Build Back Better Act – which contains controversial provisions on many subjects. Among them are provisions that include new employer penalties under the National Labor...more
On October 8, 2021, the National Labor Relations Board (NLRB) West Los Angeles regional office issued an unfair labor practice (ULP) complaint against the Daily Grill for allegedly violating section 8(a)(5) of the National...more
1. Democrats now hold a majority of seats on the National Labor Relations Board (NLRB). The new Democratic majority on the NLRB became official on Saturday, August 28, when President Joe Biden’s nominee David Prouty was sworn...more
After less than two months in office, new National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo has urged broad pro-union changes in NLRB case law and has mandated more aggressive remedies in unfair...more
As we discussed in our recent report on National Labor Relations Board General Counsel (“GC”) Jennifer Abruzzo’s August 12th agenda for the direction of NLRB case law, employers should be ready for an aggressive expansion of...more
While one of organized labor’s most important legislative priorities, the Protecting the Right to Organize Act (PRO Act), languishes with a seemingly limited chance at becoming law, employers still must brace for substantial...more
1. The U.S. Supreme Court held California’s union access regulation constitutes an unconstitutional taking of an employer’s property. Cedar Point Nursery v. Hassid, 141 S.Ct. 891 (June 23, 2021). The California Agricultural...more
7/19/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Corporate Counsel ,
GAO ,
Joe Biden ,
NLRA ,
NLRB ,
NLRB General Counsel ,
SCOTUS ,
Unfair Labor Practices ,
Unions