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NLRB Withdraws Appeal of Joint Employer Rule Decision

Last week, the National Labor Relations Board (NLRB) withdrew its bid to save its new joint employer rule, which would have treated some entities as joint employers with their contractors or franchises, even when those...more

Key Takeaways From the 28th Annual Bernard Gottfried Labor Law Symposium

On October 19, 2023, Faegre Drinker Partner Ryan Funk gave remarks at the 28th Annual Bernard Gottfried Labor Law Symposium, which was sponsored by the National Labor Relations Board, the Wayne State Law School, and the State...more

The New Critical Importance of a Union Request for Recognition

What does it mean if a union makes a “demand for recognition,” or “request for voluntary recognition” to an employer? What does a union mean when it says it has a “showing of interest” or “proof of majority support” or...more

8/28/2023  /  Employer Liability Issues , NLRA , NLRB , Unions

Michigan Repeals 'Right-to-Work' Law

On March 24, 2023, Gov. Gretchen Whitmer signed into law reconciled Senate Bill 34/House Bill HB4005, which officially repealed Michigan’s “right-to-work” law, which has been in effect since 2012. The core issue that...more

NLRB General Counsel Issues Guidance on Severance Agreement Restrictions

On March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB or the Board), Jennifer Abruzzo, issued guidance about the Board’s McLaren Macomb decision from earlier this year. The guidance made clear...more

NLRB GC Addresses Vaccine Mandate Bargaining Obligations

On November 10, 2021, the National Labor Relations Board’s (NLRB) General Counsel’s office released Memorandum OM 22-03 regarding bargaining obligations arising from the Occupational Safety and Health Administration’s (OSHA)...more

Unionized Employers: ‘Contract Coverage’ Just Changed Everything

What Is Different Now - With a new decision called MV Transportation, Inc., the National Labor Relations Board (NLRB) has adopted a new standard for judging one of the most common and powerful types of allegations unions...more

Employers No Longer Have to Allow Non-Employee Union Organizing on Their Property, NLRB Says

If part of an employer’s property is open to the public (such as a cafeteria or restaurant), can external union organizers use it to try to organize that employer’s workforce? For decades the National Labor Relations Board...more

NLRB Revises Approach to the Age-Old Question: Employee or Independent Contractor?

On January 25, 2019, the National Labor Relations Board (NLRB) released a decision that changes the way the agency differentiates between employees and independent contractors. Employers can expect that the NLRB is more...more

D.C. Circuit Upholds Obama-Era Joint Employer Test, Invites Showdown Over Future NLRB Rulemaking

One of the longest running sagas in labor law opened yet another chapter on December 28, 2018, when a panel of D.C. Circuit judges issued a decision that creates additional uncertainty regarding the National Labor Relations...more

Construction Industry May See Changes to Unionizing Standards

Construction industry employers should keep an eye out for potential changes in how the National Labor Relations Board (NLRB) assesses unionization standards, as it soon may be harder for unions to establish indefinite...more

John Ring Completes NLRB and Announces Joint Employer Plans

After a quiet start to the year, the National Labor Relations Board (NLRB) and its new chairman, John Ring, are now making strides to change the labor laws in favor of employers. One key development is its announcement that...more

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

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

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

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