Maury Baskin on NLRB

Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down regulations promulgated by the National Labor Relations Board (the “NLRB” or “Board”) defining joint employment (the “new Rule” or “2023...more

3/11/2024 / Controlling Employer , Corporate Counsel , Employer Liability Issues , Federal Labor Laws , Hiring & Firing , Joint Employers , NLRA , NLRB , Unfair Labor Practices , Unions , Vacated

NLRB Final Joint-Employer Rule Dramatically Expands Definition of Joint Employment Under the NLRA

On October 26, 2023, the National Labor Relations Board (“NLRB” or “the Board”) released a final rule setting forth the standard for joint-employer status under the National Labor Relations Act (“NLRA” or “the Act”). The rule...more

10/26/2023 / Browning-Ferris Industries of California Inc. , Employer Liability Issues , Federal Labor Laws , Final Rules , Joint Employers , Labor Reform , NLRA , NLRB

NLRB Proposes New Joint-Employer Standard That Would Dramatically Expand Scope of “Joint Employment” Under the National Labor...

On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National...more

9/7/2022 / Employer Liability Issues , Federal Labor Laws , Joint Employers , Labor Reform , NLRA , NLRB , Proposed Rules , Regulatory Agenda , Rulemaking Process , Wage and Hour

NLRB General Counsel Abruzzo Seeks to Limit Long-Standing Employer Free Speech Right

On April 7, 2022, General Counsel (GC) Jennifer A. Abruzzo released Memorandum 22-04, The Right to Refrain from Captive Audience and other Mandatory Meetings. As set forth in the memorandum, GC Abruzzo will urge the National...more

4/8/2022 / Employee Rights , Employer Liability Issues , Free Speech , Labor Reform , Labor Regulations , Labor Relations , NLRA , NLRB , NLRB General Counsel , Regulatory Agenda , Regulatory Standards , Section 7 , Unions

U.S. House Poised to Add Civil Penalties to National Labor Relations Act

With supporters of the Protecting the Right to Organize (PRO) Act unable to advance the legislation under the regular rules of the Senate, they are now attempting to move pieces of the legislation by way of special rules...more

9/9/2021 / Budget Reconciliation , Federal Budget , Labor Reform , Legislative Agendas , NLRA , NLRB , Penalties , Regulatory Agenda , Unfair Labor Practices , Union Organizers , Unions

WPI Labor Day Report 2021

Introduction Over a year and a half since the pandemic first started to take its toll on the health and welfare of individuals and the economy, the country is still reeling and struggling to recover. Some employers and...more

9/7/2021 / Department of Labor (DOL) , Employer Mandates , Equal Employment Opportunity Commission (EEOC) , Labor Regulations , Labor Relations , NLRB , OSHA , Supply Chain , Telecommuting , Unions , Vaccinations

Peter Sung Ohr has Cemented the Biden NLRB’s Direction Despite Challenges to his Interim Appointment and Prosecutorial Authority

When President Biden took the unprecedented step of firing National Labor Relations Board (NLRB) General Counsel Peter Robb shortly after taking the oath of office on January 20, observers noted that it was a significant...more

3/18/2021 / Administrative Appointments , Biden Administration , Boeing , Employee Handbooks , Labor Reform , Labor Regulations , Labor Relations , NLRB , Unions

PRO Act Would Upend U.S. Labor Laws for Non-Union and Unionized Employers Alike

On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act. Introduction was expected, as President Biden pledged to be “the strongest labor president you have ever had” during...more

2/10/2021 / ABC Test , Biden Administration , Collective Bargaining , Employer Liability Issues , Gig Economy , Independent Contractors , Labor Reform , Labor Regulations , Labor Relations , Legislative Agendas , NLRA , NLRB , Regulatory Agenda , Right to Work , Unfair Labor Practices , Union Organizers , Unions

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA). The final rule is scheduled to be published in the...more

D.C. Circuit Court of Appeals Partially Upholds Obama-Era Joint Employment Standard

On December 28, 2018, a divided Court of Appeals for the District of Columbia Circuit upheld portions of an Obama-era standard for determining “joint employer” status under the National Labor Relations Act (NLRA), ultimately...more

1/2/2019 / Appeals , Browning-Ferris Industries of California Inc. , Collective Bargaining , Employer Liability Issues , Franchises , Hiring & Firing , Joint Employers , NLRA , NLRB , Regulatory Reform , Staffing Agencies , Unions , Wage and Hour

WPI Labor Day Report 2018

Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of...more

New NLRB GC Memorandum Signals Changes are Ahead

The National Labor Relations Board's new General Counsel, Peter Robb, has wasted no time in taking steps to chart a new direction for the Board. Two weeks after being sworn in as General Counsel, Robb has issued Memorandum...more

12/5/2017 / Administrative Appointments , Corporate Counsel , Employee Handbooks , Joint Employers , NLRB , NLRB General Counsel , Policy Memorandums , Purple Communications , Regulatory Standards , Unfair Labor Practices , Unions

NLRB's General Counsel Issues Memo on Arbitration Issue Pending at Supreme Court

As a result of the Supreme Court’s recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar...more

2/6/2017 / Administrative Law Judge (ALJ) , Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Collective Actions , Corporate Counsel , D.R. Horton v NLRB , Mandatory Arbitration Clauses , Murphy Oil v NLRB , NLRA , NLRB , NLRB General Counsel , Opt-Outs , Protected Concerted Activity

Maury Baskin

Littler

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