NLRA, Corporate Counsel, Wage and Hour

NLRB Regional Director Determines Dartmouth Basketball Players Are Employees

BCLP on 2/7/2024

In a much-anticipated decision issued on Monday, February 5, 2024, Region 01 of the National Labor Relations Board (the “NLRB”) decided that the players on the Dartmouth College men’s basketball team qualify as employees...more

NLRB Delays New Joint Employer Rule

Manatt, Phelps & Phillips, LLP on 12/28/2023

Facing legal challenges, the National Labor Relations Board (NLRB) has pushed out the effective date of its new joint employer rule. ...more

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on 10/11/2023

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Captive Audience Meetings in the Crosshairs Again: New York's Imminent Ban

Venable LLP on 7/31/2023

New York State's Legislature recently passed a bill that, once signed by Gov. Kathy Hochul, will effectively prohibit employers from holding mandatory employee meetings for the purpose of discussing labor elections and union...more

NLRB Modifies Independent Contractor Test

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/15/2023

On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis...more

NLRB Yet Again Seeks to Alter Test for Independent Contractor Status, But Does It Really ‎Make a Difference?‎

Locke Lord LLP on 6/14/2023

Yesterday, June 13, 2023, the NLRB issued a lengthy decision in its Atlanta Opera case dealing with the applicable test for independent contractor status under the National Labor Relations Act (NLRA). This decision reversed...more

Employment Laws Shaping 2023

Kelley Drye & Warren LLP on 4/3/2023

2023 is in full swing. While everyone is abuzz about ChatGPT taking over the world, a newly divided Congress is finding its sea legs and state capitols are eyeing new regulations. Agencies and courts have taken up hot-button...more

Top Five Labor Law Developments for February 2023

Jackson Lewis P.C. on 3/8/2023

1. The National Labor Relations Board reinstated its previous standard for restricting employee severance agreements. McLaren Macomb, 372 NLRB No. 58 (2023). The Board’s ruling applies to all severance agreements for...more

Top Five Labor Law Developments for December 2022

Jackson Lewis P.C. on 1/9/2023

1. The National Labor Relations Board expanded its authority to include awarding consequential damages in unfair labor practice cases. Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022). Monetary remedies for violations of the...more

Top Five Labor Law Developments for July 2022

Jackson Lewis P.C. on 8/11/2022

1. The National Labor Relations Board clarified its rerun election procedures in cases of uncontested election misconduct. Dynamic Concepts, 371 NLRB No. 117 (July 22, 2022). After losing an election to represent the...more

Pay for Delay? NLRB’s Top Prosecutor Wants Monetary Relief in Refusal-To-Bargain Cases

Fisher Phillips on 7/12/2022

In another push to sharpen the National Labor Relations Board’s remedial teeth, NLRB General Counsel Jennifer Abruzzo recently asked the Board to impose harsher penalties on employers who refuse to bargain with unions. The...more

Top Five Labor Law Developments for May 2022

Jackson Lewis P.C. on 6/16/2022

1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more

Top Five Labor Law Developments for March 2022

Jackson Lewis P.C. on 4/12/2022

1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...more

NLRB Seeks to Reduce Company Speech About Unions

Husch Blackwell LLP on 4/12/2022

It has become increasingly apparent that the Biden Administration’s National Labor Relations Board (NLRB) is aggressively pushing labor-friendly positions, like those seen under the Obama Administration....more

The Top 16 Workplace Law Stories from November 2021

Fisher Phillips on 12/3/2021

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 have been an unprecedented number of changes for the past few years—and this past month...more

Top Five Labor Law Developments for September 2021

Jackson Lewis P.C. on 10/12/2021

1. National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo mandated the seeking of more aggressive remedies in unfair labor practice (ULP) cases. Office of General Counsel Memorandum GC 21-06, Seeking Full...more

Hitting the Ground Running: The First 100 Days of the Biden Administration, and Key Takeaways for Employers

Littler on 5/4/2021

In September 2020, then-candidate Joe Biden promised organized labor that, if elected, he would be the “strongest labor president you’ve ever had.” In his first 100 days in office, now President Biden has acted quickly and...more

Top Five Labor Law Developments For October 2020

Jackson Lewis P.C. on 11/18/2020

1. Thus far in 2020, unions prevailed in mail ballot elections at the same rate as in-person elections. According to an October 16 Bloomberg report, although voter participation was low, unions won seven out of 10 National...more

Top Five Labor Law Developments For September 2020

Jackson Lewis P.C. on 10/19/2020

1.National Labor Relations Board (NLRB) General Counsel Peter Robb has issued guidance addressing employer assistance in union organizing and decertification elections. In Memorandum GC 20-13 (Sept. 4, 2020), “Guidance...more

September 2020: The Top 16 Labor And Employment Law Stories

Fisher Phillips on 10/12/2020

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 have been an unprecedented number of changes for the past few years—and this past month...more

Top Five Labor Law Developments for August 2020

Jackson Lewis P.C. on 9/21/2020

1. The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more

Political Activism, COVID-19, And Labor Law

Constangy, Brooks, Smith & Prophete, LLP on 9/18/2020

This information could come in handy for employers. The National Labor Relations Board has made public three Advice letters dealing with the two hottest topics of our times: Political activism, and COVID-19. In each case, a...more

July 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on 8/4/2020

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 have been an unprecedented number of changes for the past few years—and this past month...more

Top Five Labor Law Developments For June 2020

Jackson Lewis P.C. on 7/13/2020

1.The National Labor Relations Board (NLRB) has restored a unionized employer’s right to unilaterally discipline or discharge an employee prior to executing a first collective bargaining agreement. 800 River Road Operating...more

Employers Not Obligated To Bargain With Union Over Discipline While Negotiating A First Contract

Husch Blackwell LLP on 7/6/2020

When a workforce organizes a union and a labor contract is still months away, human resource issues continue to arise. Often the issue turns on whether the employer has an obligation to bargain with the new union prior to the...more

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