News & Analysis as of

The National Labor Relations Act

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -

New Labor Board May Kill “Quickie Election” Rule; Requests Public RFI

The NLRB announced December 12, 2017, a Request for Information (“RFI”) on the Board’s 2014 “Quickie Election” representation regulations (at 29 CFR parts 101 and 102). The RFI seeks input on the amendments to representation...more

Hold On! — Democratic Senators Challenge New Labor Board GC’s Plans

by Jackson Lewis P.C. on

Senator Patty Murray (D-Wash.), Ranking Member, Committee on Health, Education, Labor and Pensions, and Senator Elizabeth Warren (D-Mass.) have written to new NLRB General Counsel Peter B. Robb “to express serious concerns...more

Labor Board To Scrap Quickie Election Rule? Public Comment Requested

by Fisher Phillips on

In the clearest sign yet that the National Labor Relations Board is ready to shift away from the strong pro-union stance that had been taken for the previous eight years, the agency today announced that it will seek public...more

The Trump Board Signals Changes to Come

by FordHarrison on

In the past two weeks, the National Labor Relations Board (NLRB) has made three important announcements that signal likely changes to come under the Trump administration....more

Better Watch Your Mouth: Trump Board Likely to Narrow Protection of Vulgar and Racially Bigoted Employee Speech

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

Misclassification Of Independent Contractor Is Violation Of NLRA, ALJ Rules

by Jackson Lewis P.C. on

The misclassification of an independent contractor is an unfair labor practice under the NLRA, according to Administrative Law Judge Dickie Montemayor. Intermodal Bridge Transp., No. 21-CA-157647 (Nov. 28, 2017). ALJ...more

Social Media in the Workplace: More Changes Ahead?

by McNees Wallace & Nurick LLC on

In days past employees discussed and debated workplace issues around the water cooler. That sentimental past-time has long since been replaced by online social media networking and the reach of social media is stunning....more

New NLRB General Counsel Memorandum Hints that Changes May Be Coming

by Hodgson Russ LLP on

On December 1, 2017, Peter B. Robb, the new General Counsel for the National Labor Relations Board (“Board”), issued an advice memorandum outlining the Board’s enforcement priorities and policy objectives. Many of these...more

Memo from NLRB General Counsel Reveals New Priorities, with Encouraging Signs for Universities

by Cozen O'Connor on

Less than one month after his confirmation as the National Labor Relations Board’s new general counsel, Peter Robb issued a memo that signals a significant shift in the aggressively pro-labor positions taken by his...more

SLOW DOWN Congress: You Are About To Render The FAA Inapplicable To Employment Disputes (And Class Waivers), And You Probably...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Pending bi-partisan legislation aimed at preventing employers from enforcing arbitration agreements of sexual harassment claims might make employers unable to enforce arbitration agreements, and class...more

Plan Your Changes Before Changing Your Plans

by Balch & Bingham LLP on

There’s a comically profound scene in the second “Madagascar” movie. Penguin (management) and monkey (union) committees are negotiating a labor contract. After the monkeys seem to have secured what they want, they add a...more

New NLRB General Counsel Fires Shot Across The Bow

by Sherman & Howard L.L.C. on

NLRB General Counsel Peter B. Robb has made a first and lasting impression with his initial Memorandum describing Mandatory Submissions to Advice. General Counsel Robb announced his intent to review, through the Division of...more

Another Joint Employment Development, And Still More Uncertainty

by Foley & Lardner LLP on

For the last several years, “joint employment” (whatever that now means legally) has been anything but the gift that keeps on giving for employers. First, joint employment became a tool that the previous Administration locked...more

Memo From Labor Board’s Top Attorney Signals Change Is On Its Way

by Fisher Phillips on

The newly installed General Counsel for the National Labor Relations Board published a memorandum late last week indicating that the General Counsel is preparing to push to reverse many of the controversial positions taken...more

New NLRB General Counsel Signals Major Shift Away From Obama-Era Board Policies

by Ballard Spahr LLP on

The National Labor Relations Board (NLRB) Office of the General Counsel (GC) has signaled in a sweeping memorandum that the agency, under the Trump administration, is likely to reconsider and reverse many of its...more

Termination For Social Media Activity May Result In Unemployment Compensation Benefits

by Pepper Hamilton LLP on

Q. Our Company just terminated an employee for a social media post that was in violation of our social media policy. Will she be entitled to unemployment compensation benefits? ...more

Somebody is Watching (or Listening)—Workplace Recording

by Nexsen Pruet, PLLC on

Many workplaces use video monitoring for security or inventory control. Most employees have cell phones with audio or video recording capabilities. Employers and employees often have questions about if or when video or...more

November 2017: Seven Supreme Court Cases to Watch This Term

Justice Neil Gorsuch began his first full Term on the Supreme Court this October, with court-watchers eagerly anticipating which cases the Supreme Court will take and waiting to see how Justice Gorsuch will affect the...more

InterConnect FLASH! No. 64 - NLRB Rules against Employee Status for Menard’s Drivers

by Benesch on

A National Labor Relations Judge dismissed an action brought by the National Labor Relations Board (“NLRB”) regional director against Menard, Inc. (“Menards”) for misclassifying its independent contractor (“ICs”) drivers in...more

Agency Heads Discuss Changes in Regulatory Direction During Federalist Society Panel

by Littler on

The current leaders of the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board addressed transitions and regulatory plans at their respective agencies at a November 16 forum. ...more

Three Hot Regulatory Issues For Employers To Watch

The feds are talking about NLRB-EEOC coordination, an end to collection of compensation data, and an inflation-indexed salary test for the overtime exemption. Here's the scoop. NLRB/EEOC coordination. The National Labor...more

Save Local Business Act Passes House: Legislative Narrowing Of A Judicial Doctrine

by Fox Rothschild LLP on

I recently blogged about this possibility and now it has come to fruition. The House of Representatives has passed a proposal to walk back the Obama USDOL initiative to expand the doctrine of joint employer status/liability...more

The Practical NLRB Advisor: Issue 7 Fall 2017

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2017 issue of the Practical NLRB Advisor. This issue considers how the confirmation of management-side attorney...more

Surveillance In The Workplace

by Pepper Hamilton LLP on

Q. Can employers prevent employees from recording conversations in the workplace. A. Sometimes. As technology continues to advance, so does the likelihood that everything you say and do is being recorded, even in the...more

House Passes Bill Limiting Joint-Employer Liability

by Ballard Spahr LLP on

The U.S. House of Representatives last week passed H.R. 3441—the Save Local Business Act—which, if enacted, would redefine the term "joint employer" under the National Labor Relations Act (NLRA) and the Fair Labor Standards...more

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