NLRB member Gwynne A. Wilcox’s status with the National Labor Relations Board (“NLRB” or “Board”) moves back and forth faster than a table tennis ball at an Olympic match....more
Last week, I attended the American Bar Association’s Mid-Winter Meeting for the Committee on Development Under the Law of the NLRA in Clearwater, Florida. William Cowen, the new National Labor Relations Board (NLRB) General...more
Yesterday, President Donald J. Trump appointed William B. Cowen as Acting General Counsel of the National Labor Relations Board.
Mr. Cowen began his career at the Board in 1979 after graduating law school. He served in...more
When former President Joe Biden took office in January 2021, he terminated the General Counsel of the NLRB, Peter Robb, on Inauguration Day. That termination was challenged by the business community. Multiple lawsuits,...more
In September 2023, the Service Employees International Union filed a Petition to represent the players on the Dartmouth College “Men’s Basketball Team.” In March 2024, an election was held. Dartmouth College’s mens’...more
Earlier this week, on November 13, 2024, the National Labor Relations Board (NLRB) issued its decision in Amazon.com Services LLC, ruling that employers violate the National Labor Relations Act (NLRA) by requiring employees...more
As we have reported many times, the National Labor Relations Board (NLRB) is a powerful agency that regulates both the union and non-union workplace. However, the NLRB is also a largely political organization that...more
Last week, the National Labor Relations Board issued its Fair Choice - Employee Voice Final Rule. This new Final Rule reinstates several practices that were in place prior to the Trump NLRB making changes in 2020....more
Approximately one year ago, we reported on the National Labor Relations Board’s decision in McLaren Macomb and NLRB General Counsel Jennifer Abruzzo’s subsequent interpretation of that decision and what it means for...more
In December, this blog alerted readers that in Memorandum GC 21-08, the National Labor Relations Board’s (NLRB) General Counsel Abruzzo declared that certain student-athletes “at Academic Institutions are employees under the...more
In October 2023, the National Labor Relations Board (NLRB) issued its new Final Rule addressing and expanding the proper standard for determining joint employment status under the National Labor Relations Act (NLRA). This was...more
3/11/2024
/ Employer Liability Issues ,
Federal Labor Laws ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
NLRA ,
NLRB ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National...more
12/6/2023
/ Collective Bargaining ,
Educational Institutions ,
Employee Definition ,
Employee Rights ,
Employees ,
Labor Reform ,
NCAA ,
NLRA ,
NLRB ,
Proposed Rules ,
Regulatory Agenda ,
Student Athletes ,
Unions
On August 2, the National Labor Relations Board issued its decision in Stericycle, Inc., adopting a new legal standard for how the Board will evaluate workplace rules and policies that are challenged on the grounds that they...more
Last week, Region 31 of the National Labor Relations Board, based in Los Angeles, filed a complaint (Case No. 31-CA-290326) alleging that the University of Southern California (USC), the Pac 12 (Pac-12) Conference and the...more
Last week, on March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, released Memorandum GC 23-05, which provides clarification of the recent McLaren Macomb decision....more
3/27/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Guidance Update ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
Earlier this week, the National Labor Relations Board (“NLRB”) issued two important decisions that California employers should be aware of:
NLRB Adds Consequential Damages to Its Weapons Cache -
On December 13, the...more
History of Dues Checkoff Precedent -
In 1962, years before most working Americans were even born, the NLRB issued its decision in Bethlehem Steel. That decision held that dues checkoff clauses in collective bargaining...more
Earlier this week, National Labor Relations Board (“NLRB”) General Counsel, Jennifer Abruzzo released a memo urging Biden’s pro-union Board to declare that employers can no longer hold “captive audience” meetings. “Captive...more
4/8/2022
/ Employee Rights ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Regulatory Agenda ,
Regulatory Standards ,
Unions
President Biden’s first major domestic proposal, the Build Back Better Act (“BBB Act”), has been (and will continue to be) the subject of much press and debate. Of particular interest to our audience, the BBB Act, an...more
National Labor Relations Board General Counsel Jennifer A. Abruzzo’s appointment and subsequent July confirmation marked a shift to a pro-labor perspective. On August 12, 2021, Abruzzo issued her first GC Memorandum as...more
8/17/2021
/ Collective Bargaining ,
Employee Rights ,
Independent Contractors ,
Lockouts ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Purple Communications ,
Regulatory Agenda ,
Regulatory Reform ,
Union Dues ,
Unions
This past month’s Amazon union election in Alabama received more national attention than any other union election since the Boeing election in South Carolina in February 2017. The press covered it very closely. Politicians...more
Following up on our earlier post about all the moves President Biden was making at the NLRB General Counsel’s office, we now know that our temporary NLRB GC is Peter Song Ohr. Ohr is known as a straight shooting, publicity...more
When Biden said he would be the greatest President the unions have ever seen, he apparently meant it. Less than twenty-four hours after being sworn in, Biden...more