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NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of...more

Return to the Expedited Election Rules

On August 24, 2023, the U.S. National Labor Relations Board (“NLRB”) rolled back several Trump-era rules regarding how elections are conducted. More specifically, the new rules re-implement a series of Obama-era rules that...more

The National Labor Relations Board’s Return to So-Called “Micro-Bargaining-Units” and What it Could Mean for Employers

In a busy (and divided) week for the National Labor Relations Board (“NLRB” or “the Board”), the Board issued a 3-2 decision in American Steel Construction, Inc., 372 NLRB No. 23 (Dec. 14, 2022), reverting the test for...more

NLRB Expands Remedies for Violators

As our clients know, the National Labor Relations Board (NLRB) does not only regulate unionized workforces. Rather, the Board’s rulemaking and legal decisions affect all workplaces: both union and non-union. On December 13,...more

National Labor Relations Board’s Notice of Proposed Rulemaking – Potential Change in the Standard for Determining “Joint-Employer”...

Joint-Employer Doctrine under the National Labor Relations Act - Under the joint-employer doctrine, an individual may be considered an employee of an entity that is not the individual’s formal employer. If a company is a...more

Labor & Employment E-Note - May 2021

Focus - America's Immigration System: President Biden's First 100 Days - Last month, President Joe Biden ("President Biden") wrapped up his first 100 days as President of the United States – focusing on a myriad of...more

Groundhog Day? The U.S. Department of Labor Revisits Its Union Reporting Rule

Toward the end of the Obama administration in 2016, the U.S. Department of Labor (“DOL”) revised the Labor Management Reporting Disclosure Act of 1959 (“LMRDA”) “persuader” disclosure rules to broaden the number of companies,...more

Good News for Unemployed Alabamians during the Coronavirus Pandemic

Yesterday, Alabama Began the $600 Federal Stimulus Payments Almost all Alabama employers who have had to lay off or furlough employees because of the Coronavirus pandemic have had the same question on their minds, “when will...more

Who’s The Boss? The NLRB Clarified Joint Employment (Again)

As our clients know, the National Labor Relations Board (“NLRB”) does not only regulate unionized workforces. The Board’s rulemaking and legal decisions affect all workplaces: both unionized and non-union....more

Out With the Old, In With the New: Is This the “New” NLRB?

As you have likely seen by now, December was quite a busy month for the National Labor Relations Board (“the Board”). The Board issued major decisions affecting employers, and Peter Robb, the new General Counsel for the Board...more

DOL Reissues 17 Previously Withdrawn Opinion Letters

On January 5, 2018, the Department of Labor (“DOL”) Wage and Hour Division re-issued 17 previously withdrawn DOL Opinion Letters addressing over a dozen topics under the Fair Labor Standards Act (“FLSA”). The DOL originally...more

Antennas up, Employers: Are ALJs History?

The Supreme Court of the United States is, of course, known for landmark decisions affecting the lives of Americans. When we hear "SCOTUS" we think of famous civil rights cases such as Marbury v. Madison, (1803) which...more

Burr Alert: The Board is Going to do What? A Look at the National Labor Relations Board: Could 2016 Bring Even More Change?

The National Labor Relations Board ("the Board") had quite an eventful year in 2015. Just think, the Board has recently broken decades-old precedent in five different ways: 1) On December 11, 2014, the Board decided...more

"WTF", Under the NLRB, Employers Should "Cut the Crap?" The NLRB on Employer Rules, Handbooks, and Increased Employee...

As you have likely seen by now, on March 18, 2015, the National Labor Relations Board Office of the General Counsel ("GC") issued an extensive memorandum offering guidance on employer rules and handbooks. This memorandum...more

Purple Communications Update

By now, you have probably heard about Purple Communications, Inc., the NLRB's December 11, 2014 decision concerning company email accounts. The agency ruled that employees with access to company email systems "in the course...more

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