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National Labor Relations Board › Amicus Briefs

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Littler

National Labor Relations Board Expands Make-Whole Remedy

Littler on

On December 13, 2022, the National Labor Relations Board (“Board”) made another move to expand relief available to workers who allege unfair labor practices by their employers. Historically, employees seeking relief under the...more

Vinson & Elkins LLP

Sufficiently Distinct or Overwhelmingly Similar? – NLRB Welcomes Briefs on Appropriate Bargaining Unit Standard

Vinson & Elkins LLP on

When unions seek to organize a group of employees, they often prefer to target a particular group or groups of employees in job classifications that they are confident will vote in favor of unionizing, as opposed to trying to...more

Seyfarth Shaw LLP

Seyfarth Shaw Policy Matters Newsletter - November 2019

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Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more

Holland & Hart - Employers' Lawyers

NLRB Revisiting Use of Employer E-Mail Systems

Holland & Hart - Employers' Lawyers on

On August 1, 2018, the National Labor Relations Board (NLRB or Board) issued an invitation for interested parties to file briefs on whether the Board should change or overrule its 2014 decision in Purple Communications, Inc.,...more

Fisher Phillips

Labor Board Debates Whether To Add Insult To Injury In Misclassification Debate

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Imagine one of your worst corporate nightmares comes true: a government body has determined that you have misclassified your workers, and they should be considered employees and not contractors. The ramifications could be...more

Akerman LLP - HR Defense

DOJ About-Face: Supporting Class Action Waivers, Parting Ways with the NLRB

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The Department of Justice (DOJ) has just switched sides in a trio of high profile arbitration cases now pending before the Supreme Court, joining with the employers to argue that the National Labor Relations Board’s (NLRB’s)...more

Seyfarth Shaw LLP

Jumping For Joint Employer: The EEOC Files Amicus Brief Supporting Broadened Definition Of Joint Employer In High-Profile NLRB...

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Seyfarth Synopsis: Following the NLRB’s expansion of the definition of “joint employer” in the high-profile Browning-Ferris case and the employer’s subsequent appeal to the D.C. Circuit, the EEOC filed an amicus brief...more

Proskauer - Labor Relations

NLRB Requests Amicus Briefs in Two Significant Cases

Proskauer - Labor Relations on

On Friday, February 19, 2016, the National Labor Relations Board invited interested individuals and organizations to file amicus briefs on two important legal issues where the Board is considering overturning existing...more

Orrick - Employment Law and Litigation

The Times They Are A-Changin: National Labor Relations Board Revises The Joint-Employer Test After More Than Thirty Years

Orrick - Employment Law and Litigation on

After more than 30 years, the National Labor Relations Board (the “Board”) has concluded that it was time to change the standard for determining when companies are to be considered joint employers under the National Labor...more

Cozen O'Connor

Life After Browning-Ferris: What Employers Need to Know Under the New Joint Employer Regime

Cozen O'Connor on

Many employers have rested long and easy in the knowledge that the National Labor Relations Board would not consider them to be joint employers with entities such as franchisees, staffing agencies, and contractors unless they...more

Littler

NLRB Imposes New "Indirect Control" Joint Employer Standard in Browning-Ferris

Littler on

On August 27, 2015, the last day of Harry Johnson, III's term as a Board member, the National Labor Relations Board issued its long-awaited decision in Browning-Ferris Industries of California, Inc. The Board voted 3-2 to...more

Littler

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

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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

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