A series of game-changing moves from the White House have left employers struggling to understand the lay of the land when it comes to the nation’s labor law. Even though it might feel like we’re entering unchartered...more
2/5/2025
/ Best Practices ,
Collective Bargaining ,
Corporate Counsel ,
Employee Rights ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Trump Administration ,
Unfair Labor Practices ,
Unions
In a significant move, the National Labor Relations Board (NLRB) just overruled a Trump-era ruling and made it more challenging for unionized employers to make workplace changes without bargaining over the change with the...more
The National Labor Relations Board just banned mandatory employee meetings for purposes of discussing the subject of union representation – so-called “captive audience” meetings – and placed new restrictions on an employer’s...more
In a rare rebuke of its own General Counsel, the National Labor Relations Board has rejected an invitation to flip-flop on its own precedent and will instead continue to apply a simple, bright-line test when determining...more
10/2/2024
/ Colleges ,
Educational Institutions ,
Exemptions ,
FERPA ,
Joint Employers ,
Jurisdiction ,
NLRB ,
Religious Institutions ,
Religious Schools ,
Student Employees ,
Unfair Labor Practices ,
Universities
A new labor regulation is set to take effect on September 30 that could make it harder for workers to undo union representation. In a long-anticipated move, the National Labor Relations Board (NLRB) ditched agency rules...more
The National Labor Relations Board just ditched three Trump-era rules that had made it easier for workers to undo union representation. In a long-anticipated move, the NLRB issued a new regulation Friday scrapping agency...more
SpaceX is challenging whether the National Labor Relations Board should continue to exist as we know it. In two separate lawsuits, the aerospace company has asked a federal court to strike down the agency’s structure as...more
7/18/2024
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article II ,
Constitutional Challenges ,
Due Process ,
NLRA ,
NLRB ,
Popular ,
Right to a Jury ,
Separation of Powers ,
SpaceX ,
Unfair Labor Practices
The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said...more
6/14/2024
/ Corporate Counsel ,
Employment Litigation ,
Hiring & Firing ,
Injunctive Relief ,
Labor Disputes ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Reinstatement ,
SCOTUS ,
Starbucks ,
Starbucks Corp. v McKinney ,
Statutory Interpretation ,
Unfair Labor Practices ,
Union Organizers ,
Unions
In a case before the Supreme Court, Starbucks says it fired several employees for violating valid company policies — but the National Labor Relations Board convinced a lower court to reinstate the employees while a legal...more
4/18/2024
/ Corporate Counsel ,
Employment Litigation ,
Hiring & Firing ,
NLRA ,
NLRB ,
Oral Argument ,
Preliminary Injunctions ,
Starbucks ,
Unfair Labor Practices ,
Union Organizers ,
Unions
The new union representation process installed by the National Labor Relations Board unsurprisingly led to an astronomical increase in election petitions filed in the first half of FY 2024. The Labor Board also saw a...more
The National Labor Relations Board just ruled that a national retailer must allow customer-facing employees who want to write “Black Lives Matter” on their uniforms to do so – and may have opened Pandora ’s Box when it comes...more
2/23/2024
/ Corporate Counsel ,
Dress Codes ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRB ,
Political Expression ,
Political Speech ,
Protected Concerted Activity ,
Unfair Labor Practices ,
Uniforms
In the aftermath of a game-changing NLRB decision that drastically changed how employers can respond to union recognition demands, the Board’s General Counsel recently issued a guidance memorandum offering important insight...more
NLRB General Counsel Jennifer Abruzzo just took another big step in the continuing saga surrounding college sports by filing a complaint seeking to have student-athletes classified as employees under the National Labor...more
A nascent “advocacy” group just opened the first front in the newest battle over the status of collegiate student-athletes under the National Labor Relations Act. The College Basketball Players Association filed a one-line...more
11/16/2021
/ Basketball ,
College Athletes ,
Colleges ,
Labor Law Violations ,
Misclassification ,
NCAA ,
NLRA ,
NLRB General Counsel ,
Student Athletes ,
Unfair Labor Practices ,
Universities
The National Labor Relations Board (NLRB) announced today its intent to publish a proposed “Election Protection Rule” that would amend regulations governing the filing and processing of petitions for secret ballot union...more
8/12/2019
/ Collective Bargaining Agreements (CBA) ,
Construction Industry ,
Corporate Counsel ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Proposed Amendments ,
Proposed Rules ,
Public Comment ,
Trump Administration ,
Unfair Labor Practices ,
Union Elections ,
Unions