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Labor & Employment Administrative Agency

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

NLRB Reverses Information Request Decision…After Court Reverses Board Decision

December saw a flurry of decisions by the NLRB as it briefly held a full complement. The Board currently has only four members and so law-changing decisions are less likely to occur until a new member is confirmed....more

Justice Department reverses course on marijuana enforcement: What it means for employers

by Nexsen Pruet, PLLC on

Attorney General Jeff Sessions recently issued a guidance memorandum rescinding several Obama-era Justice Department memoranda regarding federal marijuana enforcement. ...more

US Tax Reform Impacts Roth Individual Retirement Account Conversions

by Morgan Lewis on

HR 1 makes Roth IRA conversion recharacterizations a thing of the past, but is silent on whether recharacterizing 2017 Roth IRA conversions in 2018 will be permitted....more

What Does New Employee Handbook Standard Mean?

by Ruder Ware on

Attorney Bob Reinertson wrote recently about a decision of the National Labor Relations Board that significantly changed how the NLRB will review workplace policies and employee handbooks to determine whether they are in...more

2017 Legislative Summary (Part Two): The Budget “Implementer” And Its Effect On Connecticut’s Schools And Public Employers.

In 2017, our firm published a summary of new legislation affecting Connecticut’s schools and public sector employers. However, the 2017 “regular session” of the Connecticut General Assembly was not the final word. Due to the...more

National Labor Relations Board Reverses Course on Joint Employer Test

by Perkins Coie on

The National Labor Relations Board (NLRB) issued a decision relating to the test for joint employment under the National Labor Relations Act (NLRA). The decision upheld the Administrative Law Judge’s ruling that two entities...more

IRS Releases New Tables for Employee Income Tax Withholding

by Hinshaw & Culbertson LLP on

On January 11, 2018, the IRS issued its new withholding tables to assist employers with processing payrolls and withholding federal income tax under the new Tax Reform Act signed into law late last year (the “Act”). IRS...more

Second Circuit Confirms that Secretary of Labor’s Decision Regarding Which Federal Law Applies is Subject to Chevron Deference

On December 18, 2017, the U.S. Court of Appeals or the Second Circuit decided the case of Secretary of Labor v. Cranesville Aggregate Companies, Inc., dba Scotia Bag Plant. In this case, the Secretary of Labor sought review...more

National Labor Relations Board Ends 2017 with a Flurry of Significant Decisions Reversing Recent Pro-Employee Precedents

by Dechert LLP on

Abandonment of Controversial Standards for Joint Employment and Review of Employer Policies Headline Slew of Changes - Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor...more

WEB EXCLUSIVE December 2017: The Top 14 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017. December was no different,...more

Howard’s End of the Week Roundup. January 6, 2017

by Fisher Phillips on

This Week’s Labor, Employment Law and OSHA Legal Developments - • Administration is resubmitting Scott Mugno for OSHA leader and shooting for a January 11 Committee hearing. • The vital US Labor Department Solicitor...more

More on the Trump NLRB and What it Means for Employers

by Foley & Lardner LLP on

In recent weeks we have commented on the spate of new pro-employer decisions from the National Labor Relations Board (the Board). These decisions, among others, have included: Boeing Co., 365 NLRB No. 154 (Dec. 14,...more

Fourth Circuit Reverses Benefits Review Board’s View of the Effect of Retirement

On January 3, 2018, the United States Court of Appeals for the Fourth Circuit in Russell Moody v. Huntington Ingalls Incorporated, No. 16-1773 (4th Cir., 01/03/2018), reversed a ruling of the Benefit Review Board that had...more

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

by Fisher Phillips on

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

Trump NLRB Reverses Rule on 'Micro-Units,' Continues Overhaul of Obama-Era Rulings

by Foley & Lardner LLP on

As we discussed last week, the National Labor Relations Board (NLRB) has been working hard during the holiday season to reverse landmark decisions issued by the Obama-era Board. The Board’s efforts to reshape federal labor...more

End of the Year Whirlwind for Labor and OSHA Matters! Part II of III – NLRB.

by Fisher Phillips on

No other agency so radically changed the law under the Obama Administration; nor galvanized so much management-side resistance as the National Labor relations Board (NLRB). So it seems appropriate that the NLRB would stagger...more

NLRB Reverses Obama-Era Joint Employer Test

by Foley & Lardner LLP on

Over the course of one afternoon, the National Labor Relations Board (NLRB) issued two significant decisions that together overturned several of the Obama administration’s most polemic legal positions under the National Labor...more

NLRB Delivers Holiday Gift to Employers in the Form of New Standard for Workplace Civility Rules

by Foley & Lardner LLP on

As explained in this companion article, the National Labor Relations Board (NLRB) gave employers an early holiday gift with its reversal of the Obama-era joint employer test. But the Board had even more holiday cheer to...more

FRANCHISOR 101: NLRB: Out With the New

by Lewitt Hackman on

On December 14, 2017, the National Labor Relations Board (Board) in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017) expressly overruled the divisive joint-employer standard adopted by Browning-Ferris...more

What’s Past is Prologue - NLRB Restores the Common Sense Meaning of Past Practice

In Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), the National Labor Relations Board (NLRB) jumped back into the quagmire of past practice, dynamic status quo, and impasse to create firmer ground for...more

Employment Law Commentary, December 2017 - The California Legislature and the Trump Administration: Different Directions

by Morrison & Foerster LLP on

It was another busy year in the California Legislature with regard to employment and labor issues. Of particular note for California employers are the new laws related to employee hiring practices with the prohibitions on...more

NLRB Changes Standard for Employer Handbook Rules

Earlier this week, we wrote how the National Labor Relations Board (“NLRB”) gave an early Christmas present to employers by overturning the employee-friendly “joint employer” standard announced in 2015. This, however, was not...more

Reversing the Course: Changes Coming to the NLRB - The Board Reverses Course on Handbooks and Joint Employers While the General...

Peter B. Robb took over as General Counsel of the National Labor Relations Board ("Board") on November 17, 2017, and soon after issued an official memorandum signaling his intention to reexamine Board precedent from the prior...more

The NLRB’s General Counsel Rescinds, Revokes and Questions

On December 1, 2017, two weeks after being sworn in, NLRB General Counsel Peter Robb issued his first GC Memorandum. When the General Counsel’s office changes hands from one party to the other, some disruption is expected....more

Employment Flash - December 2017

Recent NLRB Developments - This December 2017 special edition of the Employment Flash summarizes recent decisions issued by the National Labor Relations Board (NLRB) on December 14 and 15, 2017. These decisions are...more

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