News & Analysis as of September 19, 2024

Appeals

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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 +

Red Rock and a Hard Place: NLRB Issues First Post-Cemex Bargaining Order

Proskauer - Labor Relations Update on 6/20/2024

On June 17, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued its first mandatory bargaining order to an employer after its momentous decision in Cemex Construction Materials Pacific, LLC last year. The NLRB...more

Illinois Appellate Court Holds Union Appointed Lawyers Are Immune From Individual Malpractice Suits Filed By Members

Hinshaw & Culbertson LLP on 2/25/2020

Zander v. Carlson, 2019 IL App (1st) 181868, November 21, 2019 - Union-appointed lawyers are immune from malpractice lawsuits filed by formerly represented union members, an Illinois appeals court has affirmed. The First...more

The Practical NLRB Advisor - Summer 2019

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/18/2019

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more

NY Farmworkers Win Collective Bargaining Rights – Will Other States Follow Suit?

Fisher Phillips on 5/28/2019

In a groundbreaking decision, a New York state appeals panel just extended union organizing rights to farmworkers, perhaps setting the stage for other states to do the same. While farmworkers have traditionally been exempted...more

NLRB Rules Employer’s Handbook Statement That Benefit Available To “Non-Union Employees” Violates Act

Proskauer - Labor Relations Update on 2/27/2019

During the last decade, a number of NLRB decisions faulted employers for written policies that were considered to be overbroad in violation of the National Labor Relations Act. These rulings sprang largely from the NLRB’s...more

D.C. Circuit Wrestles with Board’s Controversial Browning-Ferris Decision

Polsinelli on 1/3/2019

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

D.C. Circuit Court of Appeals Partially Upholds Obama-Era Joint Employment Standard

Littler on 1/2/2019

On December 28, 2018, a divided Court of Appeals for the District of Columbia Circuit upheld portions of an Obama-era standard for determining “joint employer” status under the National Labor Relations Act (NLRA), ultimately...more

New Orleans Charter School Operator Ordered to Bargain with Union

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/19/2018

The Fifth Circuit Court of Appeals recently held that a New Orleans charter school was not a “political subdivision” exempt from the National Labor Relations Act (NLRA). The NLRA does not apply to States and their political...more

Local Government Units Cannot Adopt Right-to-Work Ordinances

Parker Poe Adams & Bernstein LLP on 10/12/2018

Section 14(b) of the National Labor Relations Act specifically authorizes state governments to adopt right-to-work statutes that prohibit compulsory union membership as a condition of employment. Two weeks ago, the Seventh...more

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

Sheppard Mullin Richter & Hampton LLP on 3/5/2018

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

Are Graduate-Students Assistants Employees Under The NLRA? The Answer Of The Obama Board Will Not Be The Final Word

Seyfarth Shaw LLP on 2/6/2018

Seyfarth Synopsis: A 2016 decision of the National Labor Relations Board (“Board”) finding that the graduate students at Columbia University were employees under the National Labor Relations Act (“NLRA”) has been teed up for...more

Proposed Joint Employment Law Clears Important Hurdle, Passes House

Fisher Phillips on 11/8/2017

By a vote of 242 to 181, the House of Representatives passed the “Save Local Business Act” today, a bill that would significantly narrow the definition of “joint employment” and limit employers’ wage and labor problems. HR...more

Key California Employment Law Cases: September 2017

Payne & Fears on 10/17/2017

This month’s key California employment law cases involve wage and hour issues, arbitration, and employment discrimination based on marital status....more

Upcoming SCOTUS Term Promises To Be A Blockbuster

Fisher Phillips on 10/7/2017

If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more

Micro-Units under the Microscope: The Second and Fifth Circuit Courts Consider Specialty Healthcare and Its Misapplication

Proskauer - Labor Relations Update on 12/2/2016

Last week, the U.S. Court of Appeals for the Second Circuit joined the Third, Fourth, Fifth, Sixth, Seventh, and Eighth Circuits in upholding the Board’s Specialty Healthcare standard for determining appropriate bargaining...more

Federal Appeals Court Rules Counties May Enact Right To Work Laws

Proskauer - Labor Relations Update on 11/23/2016

The term “right to work state” is fairly well known. After all, 25 of the United States are “right to work states,” states which have enacted laws prohibiting compulsory unionism as part of a collective bargaining agreement....more

Federal Appeals Court Sanctions National Labor Relations Board in Ongoing Battle over Management Rights Provisions in Collective...

McCarter & English, LLP on 10/15/2016

Most collective bargaining agreements contain “management rights” provisions that many employers, unsurprisingly, believe grant them the right to manage their businesses without union interference. The National Labor...more

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