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NLRB Issues New Joint Employer Rule Affirming Expansive Joint Employer Status

The NLRB recently published its final rule on the standard for determining joint employer status, broadening the circumstances under which separate businesses can be considered joint employers—thereby making them obligated to...more

Biden Administration’s Focus on Unions Extends to OSHA and Inflation Reduction Act Projects

Beyond the recent, precedent-rewriting National Labor Relations Board decisions that have been making headlines, the Biden administration has been furthering its pro-labor agenda through other rulemaking efforts, from the US...more

NLRB General Counsel: Noncompete Agreements Violate Federal Labor Law

The US National Labor Relations Board’s (NLRB’s) general counsel issued guidance on May 30 announcing that noncompete provisions contained in many employment agreements violate the National Labor Relations Act unless narrowly...more

The NLRB’s Next Era: Practical Takeaways from Key 2022 Year-End Decisions

Leading up to National Labor Relations Board (NLRB) member John F. Ring’s departure on December 16, 2022, labor advocates held their collective breath, awaiting what is often a flurry of decisions as Board members push their...more

NLRB General Counsel Takes Aim at Employer Meetings on NLRA Activity, Including Union Election Campaigns

National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum 22-04 on April 7, taking the position that mandatory meetings held by employers addressing Section 7 activity are unlawful—including meetings...more

The Doctor Is In…A Union? NLRB Orders Union Election for Physicians

A regional director of the US National Labor Relations Board recently ordered an election for physicians to vote on whether they want to unionize. The votes showed that a determinative majority of ballots had been cast...more

Department of Labor’s ETS Will Trigger Employers’ Bargaining Obligations, Per NLRB General Counsel

National Labor Relations Board General Counsel Jennifer A. Abruzzo issued a memorandum explaining her view of employers’ bargaining obligations in response to the US Department of Labor Occupational Safety and Health...more

NLRB General Counsel Says College Athletes Are Statutory ‘Employees’ in Memo with Broad Implications

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum stating that, in her prosecutorial view, college athletes are statutory employees under the National Labor Relations Act...more

NLRB Protects ‘Scabby the Rat’ Instead of Neutral Parties

The National Labor Relations Board, in one of its most significant decisions in recent years on “union protest” issues, has substantially eroded the protection given to “neutral” parties when unions erect large inflatable...more

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