The acting general counsel for the National Labor Relations Board on Friday rescinded numerous general counsel memoranda on key Biden-era policies and priorities issued by his predecessor....more
As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more...more
The 5th Circuit Court of Appeals has vacated the National Labor Relations Board’s (NLRB) 2022 ruling in Tesla, Inc. that held that the electric vehicle manufacturer violated the National Labor Relations Act (NLRA) by...more
In her first memorandum as General Counsel, Jennifer Abruzzo laid out a clear agenda for the new enforcement priorities of the National Labor Relations Board (“NLRB”). All unionized and nonunionized private sector employers...more
Before the 2020 election, then Presidential candidate Joe Biden vowed to be the “strongest labor president you have ever had.” Although he has been in office less than 100 days, President Biden shows every sign of living up...more
Jeremy Hart an attorney in BakerHostetler’s Labor and Employment Group, discuss the top five NLRB decisions on the chopping block that are expected with the Biden Administration and potential consequences of the National...more
After publishing the Notice of Proposed Rulemaking over a year ago, followed by tens of thousands of public comments and many months of anticipating the final rule, the NLRB announced today that it will publish a Notice of...more
On February 28, the Wage & Hour Division sent to the White House Office of Information and Regulatory Affairs its long-awaited regulatory proposal on joint employment. ...more
Seyfarth Synopsis: The NLRB has overturned a previous decision defining any employee’s protest in a group setting as protected concerted activity. In Alstate Maintenance, the Board has sought to adhere to the principles...more
The District of Columbia U.S. Circuit Court of Appeals’ decision in Browning-Ferris Industries of California, Inc. v. National Labor Relations Board held that an employer’s authorized, but unexercised...more
If the NLRB were a TV drama (imagine the ratings!), the most recent Christmastime decision by the D.C. Circuit Court of Appeals would have been a season-ending cliffhanger. It leaves the future of joint employment in doubt...more
On December 28, 2018, the U.S. D.C. Circuit Court of Appeals upheld the National Labor Relations Board’s (“NLRB” or “Board”) joint-employer test as articulated in Browning-Ferris Industries, 362 NLRB No. 186. ...more
On December 28, a panel of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), in a 2-1 decision (Browning-Ferris Indus. of Cal. v. NLRB, No. 16-1028), invalidated the National Labor...more
Seyfarth Synopsis: In September 2018, the NLRB released its new proposed rule regarding the joint employer standard. The NLRB extended the comment period twice since the release of the new proposed rule. Comments are now due...more
Staffing agencies may provide the solution to a company’s short-term staffing needs. However, clients should not assume they can avoid liability for workplace issues by using a staffing agency; indeed, in some cases, a client...more
On September 14, 2018, the National Labor Relations Board (NLRB) proposed a new regulation that would make it more challenging to establish joint employer status under the National Labor Relations Act....more
On September 14, 2018, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking for the joint-employer standard. Under the proposed rule, entities would be joint employers "if the two employers...more
On Thursday, September 13, the National Labor Relations Board (the “Board”) signaled its intent to return to its pre-Obama Board test for establishing joint-employer status....more
On September 14, 2018, the National Labor Relations Board (NLRB) published a proposed new regulation to establish the standard for determining when two businesses are joint employers of a group of employees. ...more
Seyfarth Synopsis: The National Labor Relations Board (NLRB or Board) announced that it will publish a Notice of Proposed Rulemaking in the Federal Register regarding its standard for assessing whether a joint-employer...more
On June 5, 2018, in response to a May 29, 2018 letter from Sen. Elizabeth Warren (D-MA), Sen. Bernard Sanders (I-VT), and Sen. Kirsten Gillibrand (D-NY), National Labor Relations Board (“NLRB” or “Board”) Chairman John Ring...more
On February 26, 2018, the National Labor Relations Board (“NLRB”) issued an Order vacating its decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017) (“Hy-Brand”). The decision...more
On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more
In its short time, the newly reconstituted National Labor Relations Board has returned to the past on important labor-management subjects. With the new administration in Washington, most observers expected the NLRB to revisit...more
Editor’s note: This article was updated on February 1, 2017, to reflect new developments. While President Donald Trump has not discussed in detail how he plans to address labor and employment issues, he likely will...more