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The National Labor Relations Act › Unfair Labor Practices › Department of Labor (DOL)

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 -
CDF Labor Law LLP

Insight from the New NLRB General Counsel

CDF Labor Law LLP on

Last week, I attended the American Bar Association’s Mid-Winter Meeting for the Committee on Development Under the Law of the NLRA in Clearwater, Florida. William Cowen, the new National Labor Relations Board (NLRB) General...more

Jackson Lewis P.C.

NLRB Acting GC: Student-Athletes Are Not Employees

Jackson Lewis P.C. on

On February 18, 2025, National Labor Relations Board Acting General Counsel William Cowen rescinded a September 2021 memorandum in which former Board General Counsel Jennifer Abruzzo declared college athletes should be...more

FordHarrison

How Will the President's Termination of NLRB GC Abruzzo and Member Wilcox Impact Employers?

FordHarrison on

Real World Impact: The president’s recent discharge of National Labor Relations Board (NLRB or Board) Member Gwynne Wilcox means the Board currently lacks a quorum; thus, pending unfair labor practice (ULP) cases and...more

Amundsen Davis LLC

NLRB Shakeup: Trump Removes Two NLRB Officials

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President Trump has ousted National Labor Relations Board (NLRB)Labor Law General Counsel Jennifer Abruzzo—a move that mirrors former President Biden’s unprecedented removal of the board’s general counsel four years ago....more

Neal, Gerber & Eisenberg LLP

Looking Ahead: The Potential Impact of a New NLRB on the Hotel Industry

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As hoteliers have experienced in the past, the outcome of a Presidential election, and the consequent change in the makeup of the National Labor Relations Board (“NLRB”), can have a significant impact on business operations....more

Husch Blackwell LLP

The Labor Law Insider - Elections Have Consequences: Labor Law Changes Anticipated Under Trump Administration, Part II

Husch Blackwell LLP on

Labor Law Insider host Tom Godar is joined by Husch Blackwell attorneys Mary-Ann Czak and Rufino Gaytán in Part II of our post-election analysis of labor law and policy. The Insiders discuss anticipated Trump administration...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - August 2024 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Quarles & Brady LLP

NLRB Takes Aim at Employers that Classify Workers as Independent Contractors

Quarles & Brady LLP on

In recent action, the National Labor Relations Board (“NLRB” or “Board”) has demonstrated a clear intention to closely scrutinize employers that classify workers as independent contractors. Specifically, in June, 2023, the...more

Benesch

NLRB and DOL Clamp Down on Anti-Union Activities, Expand Unfair Labor Practice Remedies, and Restrict Handbook Policies

Benesch on

In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more

Jackson Lewis P.C.

Top Five Labor Law Developments for April 2023

Jackson Lewis P.C. on

The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023)....more

Constangy, Brooks, Smith & Prophete, LLP

Laboring on without a House – unions and their allies have plenty of “workarounds”

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The Biden Administration’s efforts at adjusting the balance of labor relations toward the interests of organized labor, at least for now, must largely fall back on non-legislative means, given the Republican capture of the...more

Jackson Lewis P.C.

Top Five Labor Law Developments for March 2022

Jackson Lewis P.C. on

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

K&L Gates LLP

Student Athletes No More, NLRB Reinstates Scope of NLRA Section 7 to Include "Players at Academic Institutions"

K&L Gates LLP on

On 8 February 2022, the National College Players Association, an advocacy group for college athletes, filed an unfair labor practice charge with the National Labor Relations Board (NLRB), accusing the National Collegiate...more

Constangy, Brooks, Smith & Prophete, LLP

The Biden Era Of Labor Law Change – The Shift To Organized Labor

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Labor law, along with other employment-related policy matters, is at the forefront of the political, economic, and oftentimes cultural divide in the nation. With the change in Presidential administrations, some knowledgeable...more

Jackson Lewis P.C.

Top Five Labor Law Developments for August 2020

Jackson Lewis P.C. on

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

Jackson Lewis P.C.

Top Five Labor Law Developments For June 2020

Jackson Lewis P.C. on

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

ArentFox Schiff

NLRB Issues Pro-Employer Joint Employment Rule

ArentFox Schiff on

On February 26, 2020, the National Labor Relations Board (the NLRB) issued its final rule governing joint employer status under the National Labor Relations Act (the NLRA). The final rule replaces the Obama administration’s...more

Littler

EEOC, NLRB, DOL Plan to Issue Rules Governing Joint Employment

Littler on

The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal...more

Seyfarth Shaw LLP

Clues and Cases from Alexander Acosta’s NLRB Tenure

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Seyfarth Synopsis: A review and analysis of select NLRB cases decided by President Trump’s new appointee as Secretary of Labor and former NLRB Member Alexander Acosta. ...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - September / October 2016

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NEWS & ANALYSIS - Class arbitration cases continue to stack up at Supreme Court. The National Labor Relations Board on September 9 petitioned the Court for certiorari in NLRB v. Murphy Oil USA, Inc. The lower court...more

Troutman Pepper Locke

April 2016 Independent Contractor Misclassification and Compliance News Update

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This past month involved the settlement of a number of high profile IC misclassification cases. In one case, a federal court gave conditional approval to a $226 million settlement between FedEx and its Ground Division...more

Adams and Reese LLP

Will “Host Employers” Face Increased Scrutiny from OSHA? Recent NLRB ruling may expand OSHA’s focus on host employers.

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For the past several years, the U.S. Department of Labor, OSHA has put in place initiatives, formal and informal, relative to temporary employees in the workplace. The upshot of those initiatives is that OSHA cited both the...more

Littler

The NLRB Refuses to Require its General Counsel to Explain the Joint Employer Case Against McDonald's

Littler on

The National Labor Relations Board continues the string of controversial moves in its unfair labor practice cases against McDonald’s. In December 2014, the NLRB’s General Counsel filed thirteen complaints naming the...more

Littler

Draft Appropriations Bill Seeks to De-Fund Various Regulatory Efforts

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A draft House appropriations bill to fund various federal agencies, including the Department of Labor, for Fiscal Year 2016 includes several provisions that would effectively halt a number of controversial regulatory efforts....more

Dorsey & Whitney LLP

NLRB Sues McDonalds For Labor Practices of its Franchisees

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2014 – First NLRB Shots Against the Franchise Model. The National Labor Relations Board (NLRB) is considering revising its long-established joint employer test, a change which may threaten the current franchise model....more

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