NLRA, Regulatory Reform

The NLRB Implements Its Fair Choice – Employee Voice Final Rule – Effective September 30, 2024

Sheppard Mullin Richter & Hampton LLP on 8/20/2024

On July 26, 2024, the National Labor Relations Board (“Board”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which rescinds a trio of April 2020 amendments to the Board’s Rules and Regulations affecting...more

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

Seyfarth Shaw LLP on 7/19/2024

An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

Labor Law Update: Union Certification Without Winning the Employee Vote

McDermott Will & Emery on 5/30/2024

As reported throughout the trade press, alcohol beverage companies are facing escalating pressure from unions and the National Labor Relations Board (or NLRB, the federal agency that enforces labor laws against both unionized...more

NLRB General Counsel Issues New Memo Further Expanding Penalties for Unfair Labor Practice Violations

Sheppard Mullin Richter & Hampton LLP on 4/22/2024

Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed...more

OFCCP Week In Review: November 2023 #2

DirectEmployers Association on 11/13/2023

Wednesday, November 8, 2023: US DOL Honored 859 Civilian Employers with 2023 HIRE Vets Medallion Awards - Corresponding with Veterans Day 2023, the U.S. Department of Labor’s Veterans Employment and Training Service...more

New NLRB Rule Spells McTrouble for Some Employers

Lowndes on 11/3/2023

The National Labor Relations Board (NLRB) has published a final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This significant development clarifies how two...more

NLRB Issues Final Rule on Joint-Employer Status

Foley & Lardner LLP on 11/2/2023

On October 26, 2023, the National Labor Relations Board (NLRB or “the Board”) issued its long-awaited final rule (“New Rule”) addressing the standard for determining joint-employer status under the National Labor Relations...more

How Low Can You Go? Labor Board’s Final Joint Employer Rule Sets Exceedingly Low Bar for Assessing Joint Employer Liability

ArentFox Schiff on 11/2/2023

It’s back . . . like a bad penny or another season of “Bachelor in Paradise.” Last week, the National Labor Relations Board (NLRB or Board) announced the return of its new and expanded “BFI standard” for determining “joint...more

NLRB Issues New Rule Broadening Joint-Employer Status

Bass, Berry & Sims PLC on 11/1/2023

The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, which is set to go into effect on...more

The Definition of Joint-Employer Significantly Expanded by NLRB’s Newly Established Standard

Butler Snow LLP on 10/31/2023

On October 26, 2023, the National Labor Relations Board (“NLRB”) issued its final rule entitled “Standard for Determining Employer Status.” This rule comes a little over three years after the NLRB released a rule in April...more

Employers May Be Required to Bargain Under New NLRB Joint Employment Rule

Schwabe, Williamson & Wyatt PC on 10/31/2023

October 30, 2023 The rule takes effect December 26, 2023‎ Of Counsel On October 25, the National Labor Relations Board (NLRB) issued its Final Rule that dramatically expanded the definition of joint employment under the...more

NLRB Issues Expansive New Rule Tying Joint Employer Status to the Authority to Control One or More Employment Terms

Steptoe & Johnson PLLC on 10/31/2023

The National Labor Relations Board (NLRB or the Board) has issued a final rule on its new standard for finding that two entities are a joint employer. The rule focuses on whether the alleged joint employer has the authority...more

NLRB Announces Broadened Standard for Determining Joint-Employer Status

Foley Hoag LLP on 10/30/2023

On October 27, 2023, the National Labor Relations Board (NLRB) published a final rule that establishes a new standard for determining whether two or more employers, as defined by the National Labor Relations Act, may be...more

The Practical NLRB Advisor: Spring 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/14/2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2023 issue of the Practical NLRB Advisor. In this edition of the Advisor, we take a deeper dive into the...more

NLRB Prepares To Issue New Joint Employer Standard in 2023

Perkins Coie on 12/29/2022

The National Labor Relations Board (the Board) released its notice of proposed rulemaking (Proposed Rule) to establish a new “joint employer” legal standard under the National Labor Relations Act (NLRA) on September 6, 2022....more

NLRB Revisits Union Dues Checkoff Rule

Sheppard Mullin Richter & Hampton LLP on 10/10/2022

The constant fluctuations in precedent at the National Labor Relations Board (“NLRB” or the “Board”) continue as the Board overrules another case decided under the Trump Administration. This time the NLRB has set its sights...more

NLRB Proposes New Joint Employer Rule

Akerman LLP - HR Defense on 10/6/2022

Do you know which workers are your employees? That answer may change if a new rule proposed by the National Labor Relations Board (NLRB) takes effect. Last month, the NLRB issued a Notice of Proposed Rulemaking on the...more

NLRB’s Pro-Labor General Counsel Issues Memo Compelling Cases for Centralized Consideration

CDF Labor Law LLP on 8/17/2021

National Labor Relations Board General Counsel Jennifer A. Abruzzo’s appointment and subsequent July confirmation marked a shift to a pro-labor perspective. On August 12, 2021, Abruzzo issued her first GC Memorandum as...more

Biden Labor and Employment Activity in the First 48 Hours

Franczek P.C. on 1/22/2021

During the first 100 days of the new administration, each Friday we will be providing a run-down of significant initiatives and events that will impact employers. We already have much to report. President Biden hit the ground...more

Back To The Future: It’s Time To Prepare For A Rollback Of Employer Rights At The NLRB

Fisher Phillips on 11/16/2020

As you prepare for the prospect of a Biden presidency, businesses large and small should consider the potential impact on decision-making and regulatory reform at the National Labor Relations Board (NLRB) – whether or not...more

NLRB: Browning-Ferris Unjustly Found A Joint Employer

Jackson Lewis P.C. on 8/3/2020

The National Labor Relations Board (NLRB) has ruled that Browning-Ferris Industries is not a joint employer of employees of one of its contractors. Browning-Ferris Industries of California, Inc., 369 NLRB No. 139 (July 29,...more

NLRB Issues Much Anticipated Joint Employer Rule Returning to its ”Substantial Direct and Immediate Control” Test and Providing...

Seyfarth Shaw LLP on 3/10/2020

On February 25, 2020, the National Labor Relations Board (the Board”) issued its final rule setting forth the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). ...more

The National Labor Relations Act › Regulatory Reform