With the issuance of four recent decisions overruling key Obama-era National Labor Relations Board precedent and announcing a review of the NLRB’s 2015 election regulations, the NLRB has begun the process of charting a new...more
Employers should assess the impact of this decision in any NLRB case that was prosecuted by former acting General Counsel Lafe Solomon.
On March 21, the US Supreme Court in a 6-2 decision in NLRB v. S.W. General, Inc....more
Highlights of recent developments relevant to all employers.
The National Labor Relations Board (NLRB or Board) is poised to return to a Republican majority, which likely will result in a change in labor law philosophy....more
Issuance of a nationwide, permanent injunction and the election of Donald Trump put an end to DOL’s controversial persuader regulations.
The US District Court for the Northern District of Texas last week issued a...more
Additional litigation and appeals are likely, but for now, the DOL’s persuader rules will not take effect on July 1.
The US District Court for the Northern District of Texas imposed a nationwide injunction on June 27...more
6/29/2016
/ Attorney-Client Privilege ,
Department of Labor (DOL) ,
Fifth Amendment ,
Final Rules ,
First Amendment ,
Irreparable Harm ,
LMRDA ,
Persuader Rules ,
Preliminary Injunctions ,
Reporting Requirements ,
Unions
All employers should examine their use of labor and employment service providers to mitigate unwanted disclosure of fees paid to such providers.
To protect confidentiality and the integrity of the attorney-client...more
5/2/2016
/ Attorney's Fees ,
Attorney-Client Privilege ,
Compliance ,
Criminal Prosecution ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Due Process ,
Free Speech ,
LMRDA ,
Persuader Rules ,
Reporting Requirements ,
Vagueness
The Browning-Ferris decision overturns 30 years of precedent and opens up a wide variety of business relationships to allegations of joint-employer status, including staffing agencies, on-site contractors, outside suppliers,...more
8/28/2015
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Franchisee ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Right to Picket ,
Secondary Boycott ,
Staffing Agencies ,
Unions ,
Wage and Hour
In two decisions issued on June 26, the National Labor Relations Board overruled its longstanding precedent holding that employers may withhold witness statements from requesting unions and further held that general policies...more
The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and...more
The ruling places in substantial doubt the validity of any NLRB decision or action since January 4, 2012, and calls into question the scope of the president's recess appointment power more generally.
On January 25, in...more