In February 2023, the National Labor Relations Board (NLRB or the Board) ruled in McLaren Macomb, 372 NLRB No. 58 (2023), that employee severance agreements with overly broad confidentiality and nondisparagement provisions...more
2022 Proposed Rules and Legislation -
Joint Employer Status: Proposed Rulemaking -
On September 6, 2022, the Board released a Notice of Proposed Rulemaking to establish a new “joint employer” legal standard under the...more
2/15/2023
/ Collective Bargaining ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Immigrants ,
Joint Employers ,
Legislative Agendas ,
NLRB ,
NLRB General Counsel ,
Proposed Legislation ,
Proposed Regulation ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Union Elections
Employers investigating unfair labor practice claims can breathe a little easier, as the National Labor Relations Board (NLRB or the Board) upheld the longstanding Johnnie’s Poultry standard for conducting interviews with...more
On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more
12/22/2022
/ Bargaining Units ,
Boeing ,
Collective Bargaining ,
Employees ,
Employer Liability Issues ,
Labor Relations ,
Micro-Unions ,
NLRA ,
NLRB ,
Obama Administration ,
Trump Administration ,
Unions
The National Labor Relations Board (NLRB or the Board) issued a decision on September 29, 2022, in Starbucks Corporation, 371 NLRB No. 154 (2022), updating the considerations that guide regional directors when deciding...more
The general counsel for the National Labor Relations Board (the Board), Jennifer Abruzzo, on April 11, 2022, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, LLC, 28-CA-230115 et al.,...more
4/22/2022
/ Employees ,
Employer Liability Issues ,
Employer Rights ,
Enforcement Actions ,
Investigations ,
Joe Biden ,
NLRB ,
NLRB General Counsel ,
Secret Ballot ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
The Board’s composition changed significantly during 2021, switching from a Republican to a Democrat-appointed majority.
The five seats on the Board are traditionally filled by two Democrats, two Republicans, and a chairman...more
4/1/2022
/ Biden Administration ,
Contractors ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Independent Contractors ,
NCAA ,
NLRB ,
NLRB General Counsel ,
Property Owners ,
Unions ,
Vaccinations ,
Virus Testing
The gender equity movement focused higher education institutions on pay equality. For example, in 2016, the Equal Employment Opportunity Commission (EEOC) sued the University of Denver alleging gender discrimination in...more
President-elect Biden has long been allied with the labor movement, and during his tenure as vice president, the administration pursued policies favorable to organized labor. The same should be expected following his January...more
12/3/2020
/ Biden Administration ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Joint Employers ,
NLRA ,
NLRB ,
Private Sector ,
Public Sector Unions ,
State Labor Laws ,
Unfair Labor Practices ,
Unions
Employers facing union representation elections have spent the pandemic trying to satisfy the National Labor Relations Board’s (Board) requirements to hold a manual, ballot box election, only to be refused in the vast...more
The National Labor Relations Board (NLRB) issued a press release on April 1, 2020, stating that,
The National Labor Relations Board will not extend its temporary suspension of Board-conducted elections past April 3, 2020 and...more
4/13/2020
/ Collective Bargaining ,
Employer Liability Issues ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Staffing Agencies ,
Union Elections ,
Unions ,
Wage and Hour
The U.S. Department of Education (DOE) recently launched investigations into at least a half dozen top research institutions for failing to disclose foreign-sourced gifts or contracts. Under section 117 of the Higher...more
2/27/2020
/ China ,
Department of Education ,
Disclosure Requirements ,
Duty to Disclose ,
Educational Assistance Programs ,
Educational Institutions ,
Enforcement Actions ,
Foreign Investment ,
Gifts ,
Government Investigations ,
Government-Owned Corporation ,
Higher Education Act ,
Research and Development
For the first time in 40 years, the U.S. Department of Education (DOE) will make significant regulatory changes to Title IX, the federal law regulating sex and gender discrimination in the educational environment. These new...more