News & Analysis as of September 23, 2024

Hiring & Firing

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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 -

Top Five Labor Law Developments for November 2021

Jackson Lewis P.C. on 12/15/2021

1. On Nov. 19, 2021, the House passed a version of the Build Back Better Act that would vastly expand employer liability under the National Labor Relations Act (NLRA). The bill adds aggressive “civil penalties,” on top of the...more

Civil Penalties May Be Coming To The National Labor Relations Act

Fox Rothschild LLP on 10/29/2021

If enacted into law, the so-called Build Back Better reconciliation package (“BBB”) will drastically expand the remedial power of the National Labor Relations Board (“NLRB”) effective January 1, 2022. The BBB incorporates...more

OFCCP Week In Review: May 2021 #2

DirectEmployers Association on 5/10/2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Bankruptcy and Labor Law: Decision by Appeals Court Permits Debtor to Discharge an NLRB Fine in Bankruptcy

Patterson Belknap Webb & Tyler LLP on 2/7/2019

If the National Labor Relations Board (“NLRB”) fines an employer for unlawfully firing workers who tried to unionize, can the employer discharge the fine in bankruptcy, or will the exception to discharge found in Bankruptcy...more

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

Proskauer - Labor Relations Update on 6/26/2017

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

NLRB Decision Threatens 75-Year-Old Precedent, Analyzes Employer’s Motive for Hiring Replacement Workers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/6/2016

On May 31, a divided National Labor Relations Board (NLRB) issued a very significant decision in American Baptist Homes of the West, increasing the impact of an employer’s motive in deciding whether the permanent replacement...more

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Foley & Lardner LLP on 6/24/2015

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

NLRB Did Not Err In Categorically Barring NLRA Back Pay For Undocumented Workers, Second Circuit Holds

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/2/2013

Palma v. NLRB, No. 12-1199 (2d Cir. July 10, 2013): Petitioners are undocumented aliens who were unlawfully discharged for engaging in protected activities under the National Labor Relations Act (NLRA). At a compliance...more

NLRB Orders Reinstatement And Backpay For Employee Who Was Unlawfully Discharged For Discussing Salary Information At Work

Franczek P.C. on 2/28/2013

Despite the uncertainty surrounding the legitimacy of the current National Labor Relations Board in the wake of the Noel Canning decision, the Board has continued to issue decisions that have serious consequences for...more

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