NLRB member Gwynne A. Wilcox’s status with the National Labor Relations Board (“NLRB” or “Board”) continues to move back and forth faster than a pinball on tilt....more
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
Approximately three weeks ago, we reported that Judge Berly A. Howell, granted fired NLRB Board Member Gwynne A.Wilcox’s motion for summary judgment and reinstated her as a Board member. This decision restored the NLRB’s...more
3/31/2025
/ Administrative Procedure Act ,
Appeals ,
Constitutional Challenges ,
Employment Litigation ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
Quorum ,
SCOTUS ,
Statutory Interpretation ,
Trump Administration
According to the March 24 Congressional Record, President Trump nominated Morgan Lewis labor law attorney Crystal Carey as the new National Labor Relations Board General Counsel.
Ms. Carey has been practicing for...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
The California legislature is never dormant when it comes to enacting new laws for California employers. This year, the statutes are less numerous than most other years, but there are still some important new changes that all...more
11/12/2024
/ California ,
Collective Bargaining Agreements (CBA) ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Hiring & Firing ,
Job Applicants ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
State Labor Laws ,
State Legislatures ,
Wage and Hour
Join us for a comprehensive, complimentary webinar on November 20, 2024, from 10:00 - 11:00 a.m. (Pacific), presented by CDF Partners Mark S. Spring and Nicole Legrottaglie Wohl. This “Year in Review” session will cover the...more
10/31/2024
/ California ,
Continuing Legal Education ,
Driver's Licenses ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Labor Reform ,
Minimum Wage ,
Misclassification ,
New Legislation ,
New Regulations ,
NLRB ,
Paid Family Leave Law ,
Paid Time Off (PTO) ,
State Labor Laws ,
Union Organizers ,
Unions ,
Vacation Leave ,
Wage and Hour ,
Webinars
Last Friday, Governor Newsom signed SB 399 – The California Worker Freedom from Employer Intimidation Act into law.
SB 399, which will take effect on January 1, 2025, prohibits private and public employers in...more
The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a...more
8/22/2024
/ Basketball ,
College Athletes ,
Colleges ,
Educational Institutions ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Reform ,
Name and Likeness ,
NCAA ,
NLRB ,
Regulatory Agenda ,
SEIU ,
Student Athletes ,
Unfair Labor Practices ,
Universities ,
Wages
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
Join CDF attorneys Mark S. Spring and Tashayla Billington for a one-hour in-depth review of the recent developments in traditional labor law. If you manage a union or non-union workforce in California, you won’t want to miss...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
Join us for an in-depth complimentary webinar on November 28, 2023, from 9:30 a.m. to 11:00 a.m. (Pacific Time), presented by CDF Partners Mark S. Spring and Desiree J. Ho. This “Year in Review” webinar will cover 2023’s new...more
10/23/2023
/ California ,
Confidentiality Agreements ,
Continuing Legal Education ,
Drug Testing ,
Employee Handbooks ,
Employee Rights ,
Employee Training ,
Employment Litigation ,
Employment Policies ,
Fast-Food Industry ,
Minimum Wage ,
Miscarriages ,
New Legislation ,
NLRB ,
Non-Disparagement Provisions ,
Settlement Agreements ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Webinars ,
Workplace Violence ,
Workplace Violence Prevention Programs
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