The National Labor Relations Board has returned to its Obama-era standard for determining whether an individual is an independent contractor under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95...more
Minnesota will soon prohibit employers from requiring employees to attend political or religious meetings, including talks about labor unions. Additionally, similar legislation passed by the New York legislature will likely...more
The National Labor Relations Board will release its new joint-employer rule in August. In September 2022, the Board issued its proposed rule for determining joint-employer status under the National Labor Relations Act under...more
4/18/2023
/ Consumer Financial Protection Bureau (CFPB) ,
Governor Whitmer ,
Information Sharing ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Personal Data ,
Right to Work ,
Unions ,
Wage and Hour
1. The National Labor Relations Board reinstated its previous standard for restricting employee severance agreements. McLaren Macomb, 372 NLRB No. 58 (2023). The Board’s ruling applies to all severance agreements for...more
1. More than 220,000 workers participated in over 300 total work stoppages in 2022, according to a Bloomberg Law report. The number of strikes is the highest recorded in 17 years. While the majority of work stoppages involved...more
1. The National Labor Relations Board expanded its authority to include awarding consequential damages in unfair labor practice cases. Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022). Monetary remedies for violations of the...more
1/9/2023
/ Bargaining Units ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Budget ,
Information Technology ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
In a 3-2 decision, the National Labor Relations Board has reinstated its prior standard providing a more expansive right of off-duty contractor employees to access publicly accessible areas of the primary employer’s workplace...more
President Joe Biden signed legislation imposing a collective bargaining agreement between freight carriers and railroad unions, avoiding a nationwide strike. Congress passed the bill utilizing its authority under the Railway...more
President Joe Biden has asked Congress to step in and enact legislation in the hopes of preventing a nationwide railway strike.
The move comes after four of 12 national railroad labor unions rejected a proposed bargaining...more
The National Labor Relations Board has proposed reversing the current joint-employer standard, which took effect on April 27, 2020. The new rule would revert to the Obama-era standard for determining joint-employer status...more
10/10/2022
/ Airports ,
Architects ,
Collective Bargaining ,
Food Service Workers ,
Joint Employers ,
MLB ,
NLRA ,
NLRB ,
Railways ,
SMART ,
Strike ,
Supply Chain ,
Unions ,
Wage and Hour
Labor Day 2022 comes at an optimistic time for U.S. labor unions. Prior to the COVID-19 pandemic, representation petitions and elections were declining steadily. However, National Labor Relations Board (NLRB) election filings...more
1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher...more
9/12/2022
/ Collective Bargaining ,
Compensation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Legal Fees ,
NLRB ,
Reimbursements ,
Teamsters ,
Unions ,
Wage and Hour ,
Willful Misconduct
1. The National Labor Relations Board clarified its rerun election procedures in cases of uncontested election misconduct. Dynamic Concepts, 371 NLRB No. 117 (July 22, 2022). After losing an election to represent the...more
8/11/2022
/ AFL-CIO ,
Antitrust Division ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Memorandum of Understanding ,
NLRA ,
NLRB ,
Union Elections ,
Unions ,
United States-Mexico-Canada Agreement (USMCA) ,
Wage and Hour
1. The National Labor Relations Board modified its electronic notice posting requirements for workplaces impacted by COVID-19. Paragon Systems, Inc., 371 NLRB No. 104 (June 2, 2022)....more
7/12/2022
/ Cease and Desist Orders ,
Discrimination ,
Electronic Reporting ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
NPRM ,
Starbucks ,
Union Organizers ,
Unions ,
Wage and Hour
1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more
6/16/2022
/ Collective Bargaining ,
Corporate Counsel ,
Decertification ,
Employee Rights ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Twitter ,
Union Organizers ,
Unions ,
Wage and Hour
1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...more
4/12/2022
/ Arbitration ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
NPRM ,
Reimbursements ,
Unfair Labor Practices ,
Union Dues ,
Unions ,
Wage and Hour
1. National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo mandated the seeking of more aggressive remedies in unfair labor practice (ULP) cases. Office of General Counsel Memorandum GC 21-06, Seeking Full...more
10/12/2021
/ Budget Reconciliation ,
College Athletes ,
Compensation ,
Corporate Counsel ,
Health Insurance ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Premiums ,
Private Property ,
Remedies ,
Right of Access ,
Settlement Agreements ,
Union Organizers ,
Unions ,
Universities ,
Wage and Hour
1. Democrats now hold a majority of seats on the National Labor Relations Board (NLRB). The new Democratic majority on the NLRB became official on Saturday, August 28, when President Joe Biden’s nominee David Prouty was sworn...more
A union’s use of Scabby the Rat (an inflatable rat “approximately 12 feet in height with red eyes, fangs, and claws”) and inflammatory banners targeting a neutral employer, without more, does not violate the National Labor...more
President Joe Biden has nominated union-side attorney Gwynne Wilcox to fill a vacant seat on the National Labor Relations Board (NLRB). Wilcox is a partner at the union-side labor and employment firm Levy Ratner P.C. Among...more
6/16/2021
/ Arbitration ,
Boeing ,
Collective Bargaining Agreements (CBA) ,
Credit Unions ,
Department of Labor (DOL) ,
Employee Rights ,
Joe Biden ,
NLRA ,
NLRB ,
Nominations ,
Reporting Requirements ,
Unions ,
Wage and Hour
1. On March 31, 2021, National Labor Relations Board (NLRB) Acting General Counsel Peter Sung Ohr issued a memorandum stating his office will return to “vigorous enforcement” of employee rights under Section 7 rights of the...more
The National Labor Relations Board (NLRB) Acting General Counsel Peter Sung Ohr (AGC) has announced in a memorandum that his office will return to “vigorous enforcement” of employee rights under Section 7 rights of the...more
4/7/2021
/ Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Minimum Wage ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Unions ,
Wage and Hour
1. On February 4, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act. The sponsors described the bill as comprehensive labor legislation aimed at bolstering workers’ collective bargaining...more
3/11/2021
/ Appellate Courts ,
Biden Administration ,
Collective Bargaining ,
Employee Rights ,
Employer Liability Issues ,
Labor Disputes ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Right to Strike ,
State Labor Laws ,
Unions ,
Wage and Hour
1. President Joe Biden summarily removed National Labor Relations Board (NLRB) General Counsel (GC) Peter Robb from office on January 20, 2021, and removed Robb’s deputy, Alice Stock the following day. On January 25, 2021,...more
3/1/2021
/ Bureau of Labor Statistics ,
Department of Labor (DOL) ,
Financial Reporting ,
Joe Biden ,
Minimum Wage ,
NLRB ,
NLRB General Counsel ,
Nominations ,
Secretary of Labor ,
State Labor Laws ,
Unions ,
Wage and Hour
Minutes following his swearing in, President Joe Biden demanded that Peter Robb resign his post as General Counsel of the National Labor Relations Board (NLRB). Robb refused to resign and, in an unprecedented move, was...more