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What to Expect From the NLRB and Its Newly Confirmed Chairman

The National Labor Relations Board (NLRB) has been deadlocked for a few months, but the confirmation of John Ring to the NLRB’s final vacancy may pave the way for an uptick in NLRB decisions. The appointment of Ring as NLRB...more

Back to Basics: NLRB Abandons "Micro Unit" Organizing Standard

In a decision with particular importance for non-acute health care facilities but clear application for nearly any kind of employer, the NLRB changed its standard for evaluating which classifications of employees a union can...more

The Race to Change the NLRB's Joint Employer Standard Is Over. And the Winner Is . . .

After the National Labor Relations Board (NLRB) changed its joint employer standard in August 2015, two likely avenues to repeal that change emerged: Congress and the courts. In September of that year, congressional...more

Asking Few Questions, Senate Confirms Peter Robb to Lead NLRB

On November 8, 2017, Senators voted along party lines to confirm Peter B. Robb as the next general counsel of the National Labor Relations Board (NLRB). Once sworn in to his four-year term, Robb will succeed former...more

Outgoing NLRB General Counsel Leaves Parting Gift: A Warning to Preserve Evidence

Just before National Labor Relations Board (NLRB) General Counsel Richard F. Griffin’s term expired on October 31, 2017, Griffin quietly left a parting gift to those who file charges at the agency (usually unions and...more

Meet the (Probable) Next Leader of the NLRB

The White House announced on September 15, 2017, that Vermont labor lawyer Peter B. Robb will be President Donald J. Trump’s nominee to lead the National Labor Relations Board (NLRB). If confirmed by the Senate, Robb will...more

Full Board Ahead: Trump Nominates Pro-Business Candidates to Complete NLRB

The National Labor Relations Board (NLRB) is often described as a five-member panel of labor law judges, but in practice, it often has fewer than five members. After nearly two years without a full board of five members (and...more

OSHA Walks Back Allowing Union Representatives on "Walkarounds"

Heralding a shift at the Occupational Safety and Health Administration (OSHA), the Department of Labor has confirmed that an Obama administration OSHA memorandum permitting union or community organization representatives to...more

Don't Strike Out: What to Do if Your Employees Strike on May 1

With the news reporting a large labor strike of around 350,000 workers planned for May 1, employers should develop a response strategy now to limit liability and keep their businesses humming. The nature of this strike may...more

If Your Employees Strike Against Trump, What Do You Do?

A day without immigrants: That is how organizers on social media describe plans for a nationwide strike threatened for February 16 and/or 17, 2017. If your employees join in this nationwide effort, you should consider three...more

Outgoing NLRB General Counsel Targets Private Universities

Over the past two years the General Counsel of the National Labor Relations Board (NLRB) succeeded in extending that agency’s reach into universities. While public universities are beyond the NLRB’s jurisdiction, the agency’s...more

Trump Spares NLRB From Early Changes — But It Doesn't Look Like Mercy

President Donald J. Trump’s active first 10 days in office spared the National Labor Relations Board (NLRB) from immediate upheaval. On January 30, 2017, President Trump signed the “Presidential Executive Order on...more

2/1/2017  /  DOL , NLRB , Trump Administration

Permanently Barred: ‘Persuader' Rule Not Persuasive to Texas Judge

The U.S. Department of Labor’s (DOL) “Persuader” Rule is unlawful and should not become law anywhere in the United States. That is the holding of an order issued on November 16, 2016, by United States Senior Judge Sam R....more

Expected Changes to Customs Regulations Will Require Increased Supply Chain Due Diligence by U.S. Importers

Anticipation among importers is growing as U.S. Customs and Border Protection (CBP) prepares to amend its regulations to implement Congress’ repeal of an 85-year-old loophole that, until the Trade Facilitation and Trade...more

NLRB Gives Students Right to Unionize

Undergraduate and graduate teaching assistants now have the right to organize and engage in collective bargaining, following the National Labor Relations Board’s (NLRB) Columbia University ruling on August 23, 2016. For most...more

NLRB, Seeking to Connect to "Reality of Today's Workforce," Changes Organizing Standard

The National Labor Relations Board (NLRB) continues to change the rules governing the relationships between employers, employees and unions in an effort to give unions new ways of organizing. On July 11, 2016, the NLRB issued...more

Texas Judge Blocks DOL 'Persuader' Rule With Temporary Injunction

Opponents of the U.S. Department of Labor’s (DOL) controversial “Persuader” Rule received their first major victory yesterday from United States Senior Judge Sam R. Cummings in the U.S. District Court for the Northern...more

Unionized Employers, Take Note: E-Verify Is a Minefield

On May 13, 2016, a National Labor Relations Board (NLRB) judge ordered The Ruprecht Company, a meat processor and food manufacturer, to provide confidential immigration documents to the union and to rescind its participation...more

Not So Fast! Business Groups Sue to Block DOL "Persuader" Rule

On March 30, 2016, one week after the U.S. Department of Labor (DOL) published its final “Persuader” Rule, the National Association of Manufacturers and other national, state and local business groups sued the DOL to block...more

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