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The National Labor Relations Board 2023 Year In Review – An Overview of Major Developments in Labor Law

Introduction - 2023 may prove to be a landmark year for U.S. labor law. There were several significant changes in the law that left employers reeling. The breadth and depth of these changes were staggering even for seasoned...more

When Assessing the Propriety of Employee Discipline, One Size No Longer Fits All

Now more than ever, it seems that employees are willing to express themselves. While open communication with and among employees is usually a good thing, sometimes an employer’s rules are broken in the process. A worker...more

Federal Appeals Court Finds Vulgar Workplace Graffiti is Protected Activity (Sometimes)

No, your eyes aren’t playing tricks on you. You read that correctly. The U.S. Court of Appeals for the D.C. Circuit recently affirmed a ruling by the NLRB which found an employer violated the National Labor Relations Act...more

The National Labor Relations Board 2020 Year In Review – An Overview of Major Developments in Labor Law

INTRODUCTION - In our last Review, we reported that the National Labor Relations Board had a very busy year. Despite the challenges of the COVID-19 pandemic, 2020 was also a fairly busy year for the Board. In its final...more

NLRB Suspends Union Elections in Response to COVID-19

COVID-19’s impact on workplace matters continues to broaden.  The National Labor Relations Board, which has jurisdiction over most private sector employers, announced on Thursday that all union elections within its purview...more

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound.  The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

NLRB (Mostly) Restores Employers’ Right to Restrict Use of Their Email Systems

In 2014, the NLRB held in Purple Communications that employers must allow their employees  to use company email systems to engage in union activities and other protected conduct under the National Labor Relations Act. Last...more

The National Labor Relations Board 2018 Year In Review – An Overview of Major Developments in Labor Law

Although in many respects it was a slow year for the National Labor Relations Board, it was a year of progress in the eyes of many employers. The Board operated at full strength for the entire year, with Republican John Ring...more

NLRB Reinstates Independent Contractor Test

In a key decision for many franchisors and franchisees, and others who rely on independent contractors, the National Labor Relations Board recently reinstated its test for examining contractor status. ...more

NLRB’s Position on Unions’ Right to Use Employers’ Email Could Change

Another Obama-era National Labor Relations Board policy may be on the ropes. Four years ago, the Board issued its controversial Purple Communications decision. In that case, it determined that employees have the right to...more

The Most Recent Chapter in the Joint Employer Saga? A Spat between the NLRB Chairman and Democrat Senators

If you have followed our blog over the past year, you are aware of the long and tortured history of the National Labor Relations Board’s joint employer standard. The recent history starts with the Obama Board’s decision to...more

The National Labor Relations Board 2017 Year In Review – An Overview of Major Developments in Labor Law

For employers, 2017 brought some long awaited relief and hope that return to normalcy in labor law is on the way. Admittedly, the wait for employers turned out to be a little longer than expected. The National Labor Relations...more

Senate Confirms President Trump’s Pick for National Labor Relations Board General Counsel

In September, President Trump nominated management-side labor and employment lawyer Peter Robb to replace Richard Griffin, whose term expired on November 4, 2017, as general counsel to the National Labor Relations Board. ...more

D.C. Circuit Questions Validity of the NLRB’s Joint Employer Standard

In 2015, we discussed the new joint-employer standard that was articulated by the National Labor Relations Board in Browning-Ferris Industries of California, Inc. As a reminder, the NLRB held that a joint-employer...more

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